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TRUJILLO v. CITY OF ALBUQUERQUE

No. 3779.

603 P.2d 303 (1979)

93 N.M. 569

Rose TRUJILLO, as Administratrix of the Estate of Ernest Trujillo, Deceased, Plaintiff-Appellant, v. The CITY OF ALBUQUERQUE, a Municipal Corporation, et al., Defendant-Appellee.

Court of Appeals of New Mexico.

October 11, 1979.

Attorney(s) appearing for the Case

Thomas E. Jones, Albuquerque, for plaintiff-appellant.

Mark C. Meiering, Rodey, Dickason, Sloan, Akin & Robb, Albuquerque, Cornelius Finnen, Asst. City Atty., Albuquerque, for defendant-appellee.

OPINION

ANDREWS, Judge.

The question presented in this case is whether, prior to both the prospective abrogation of the doctrine of sovereign immunity by our Supreme Court in Hicks v. State, 88 N.M. 588, 544 P.2d 1153 (1975), and the enactment of New Mexico's Tort Claims Act, § 41-4-1 et seq., N.M.S.A. 1978, a municipality of this State could be sued for its failure to provide...

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