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ATENCIO v. ESPANOLA HOUSING AUTHORITY

No. 2881.

568 P.2d 1245 (1977)

90 N.M. 799

Leroy G. ATENCIO, Individually, and Elizabeth Atencio, a Minor, by her father and next friend, Leroy G. Atencio, Plaintiffs-Appellants, v. The ESPANOLA HOUSING AUTHORITY, the City of Espanola, and John Doe, manufacturer, a corporation, Defendants-Appellees.

Court of Appeals of New Mexico.

June 28, 1977.

Attorney(s) appearing for the Case

Pedro G. Rael, Zamora, Rael & Weinreb, Santa Fe, for plaintiffs-appellants.

Wayne C. Wolf, David W. Yount, Civerolo, Hansen & Wolf, Albuquerque, for defendant-appellee Espanola Housing Authority.

W. Booker Kelly, White, Koch, Kelly & McCarthy, Santa Fe, Scarborough & Scarborough, Espanola, for defendant-appellee City of Espanola.

OPINION

SUTIN, Judge.

The only question for determination is whether § 23-1-23, N.M.S.A. 1953 (Vol. 5), a limitation statute, is unconstitutional because it denied plaintiffs the equal protection of the law. We say that it is unconstitutional and reverse the judgment of the trial court.

The statute reads in pertinent part as follows:

... [N]o suit, action or proceeding to recover damages for personal injury or death resulting...

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