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BACA v. NEW MEXICO STATE HIGHWAY DEPARTMENT

No. 597.

486 P.2d 625 (1971)

82 N.M. 689

Reynalda BACA, Individually; Reynalda Baca, Administrator of the estate of Arturo Baca, Deceased et al., Plaintiffs-Appellants, v. The NEW MEXICO STATE HIGHWAY DEPARTMENT et al., Defendants-Appellees. Camilo BACA, Administrator of the Estate of Isabel de la fe Baca, Deceased, Plaintiff-Appellant, v. The New MEXICO STATE HIGHWAY DEPARTMENT et al., Defendants-Appellees.

Court of Appeals of New Mexico.

June 11, 1971.

Attorney(s) appearing for the Case

W.R. Kegel, Santa Fe, Arturo G. Ortega, Albuquerque, for plaintiffs-appellants.

Allen C. Dewey, Jr., Leland S. Sedberry, Modrall, Sperling, Roehl, Harris & Sisk, Albuquerque, for Mountain States Mutual Casualty Co.

David L. Norvell, Atty. Gen., Richard T. Whitley, James V. Noble, Richard L. Russell, Sp. Asst. Attys. Gen., Santa Fe, for defendants-appellees.

OPINION

SPIESS, Chief Judge.

Actions involving deaths and personal injuries resulting from the collision of motor vehicles were brought against a number of defendants, including New Mexico Highway Department (Department). The claims against the Department related to an alleged dangerous condition of a particular highway which was permitted to exist following construction, either partial or complete. The Department is immune from suit in the absence of liability...

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