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MARTINEZ v. CITY OF CLOVIS

No. 4295.

625 P.2d 583 (1980)

95 N.M. 654

Rena MARTINEZ, Plaintiff-Appellant, v. CITY OF CLOVIS and Mark Boney, Defendants-Appellees.

Court of Appeals of New Mexico.

May 29, 1980.

Attorney(s) appearing for the Case

Pedro G. Rael and Peter Gallager, Albuquerque, for appellant.

Deborah S. Davis, Shaffer, Butt, Thornton & Baehr, P.C., Albuquerque, for appellees.

OPINION

WALTERS, Judge.

Plaintiff's suit against the City of Clovis and one of its police officers was dismissed with prejudice for her failure to strictly comply with the notice provisions of the Tort Claims Act, specifically § 41-4-16, N.M.S.A. 1978. This section of the Act has not previously been construed. We reverse.

The statute requires that the mayor of the municipality against which claims are

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