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SAIZ v. CITY OF ALBUQUERQUE

No. 603.

487 P.2d 174 (1971)

82 N.M. 746

Theresa SAIZ, a Minor, by Her Mother and Next Friend, Emma Saiz Waite, and Emma Saiz Waite, Individually, Plaintiffs-Appellants, v. CITY OF ALBUQUERQUE and Frederick Ford, Defendants-Appellees.

Court of Appeals of New Mexico.

June 25, 1971.

Attorney(s) appearing for the Case

Richard A. Bachand, Smith, Ransom & Deaton, Albuquerque, for plaintiffs-appellants.

William S. Dixon, James C. Ritchie, Rodey, Dickason, Sloan, Akin & Robb, Albuquerque, for defendants-appellees.

OPINION

HENDLEY, Judge.

Theresa Saiz, a minor, was injured when an automobile, driven by an Albuquerque policeman, collided with the automobile in which she was riding. The Mother, as next friend, brought suit against the city and the policeman. On a motion for summary judgment the trial court dismissed the suit as to the City of Albuquerque on the ground that § 64-25-9, N.M.S.A. 1953 (Repl. Vol. 1960, pt. 2) precludes suits against a municipality for...

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