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MOORE v. STATE

No. 4774.

621 P.2d 517 (1980)

95 N.M. 300

Steven MOORE, Plaintiff-Appellant, v. STATE of New Mexico, New Mexico State Highway Department and City of Albuquerque, Defendants-Appellees.

Court of Appeals of New Mexico.

November 26, 1980.

Attorney(s) appearing for the Case

Hayt, Hayt & Landau, Lawrence P. Zamzok, Albuquerque, for plaintiff-appellant.

Shaffer, Butt, Thornton & Baehr, P.C., Deborah S. Davis, Albuquerque, Attorneys for defendants-appellees State of New Mexico and New Mexico State Highway Department.

Deborah Slade, Asst. City Atty., Albuquerque, for defendant-appellee City of Albuquerque.

OPINION

SUTIN, Judge.

Plaintiff appeals a summary judgment rendered in favor of defendants. The trial court found that "The defendants herein are immune from liability under Section 41-4-11(B) N.M.S.A. 1978, and defendants are, therefore, entitled to Judgment as a matter of law." We reverse.

On July 18, 1979, at 9:30 a.m., plaintiff, while riding his motorcycle, was forced off the roadway of East Frontage...

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