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HICKS v. STATE

No. 10134.

544 P.2d 1153 (1975)

88 N.M. 588

Ron E. HICKS, Personal Representative and Administrator of the Estate of Beverly Jan Hicks, Deceased, and Robin E. Hicks, Deceased, Plaintiff-Appellant, v. STATE of New Mexico, State Highway Commission, State Highway Department, State Highway Engineer, DeBaca County and the DeBACA County Commission, Defendants-Appellees.

Supreme Court of New Mexico.

On Rehearings January 16 and January 19, 1976.

Rehearing Denied February 11, 1976.

Attorney(s) appearing for the Case

Branch & Branch, Turner W. Branch, Albuquerque, for plaintiff-appellant.

Toney Anaya, Atty. Gen., Thomas Lea Dunigan, Deputy Atty. Gen., Richard L. Russell, Chief Counsel, State Highway Dept., Henry Rothschild, James V. Noble, State Highway Dept. Asst. Attys. Gen., Santa Fe, for defendants-appellees.

OPINION

MONTOYA, Justice.

This appeal arises from an order of the Santa Fe County District Court granting the motion of defendant State of New Mexico to dismiss on the ground that the action of plaintiff Ron E. Hicks was barred by the doctrine of sovereign immunity.

Suit was originally brought in the District Court of Santa Fe County on August 6, 1973, to recover damages for the wrongful death of plaintiff's wife and minor daughter due allegedly...

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