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EMERY v. UNIVERSITY OF NEW MEXICO MED. CTR.

No. 4903.

628 P.2d 1140 (1981)

96 N.M. 144

Donna EMERY and Carl Emery, Individually and on behalf of Steven Emery, a Minor, Plaintiffs-Appellants, v. UNIVERSITY OF NEW MEXICO MEDICAL CENTER, Defendant-Appellee.

Court of Appeals of New Mexico.

May 12, 1981.

Attorney(s) appearing for the Case

Harold Worland, Duhigg & Cronin, Albuquerque, for plaintiffs-appellants.

W. Robert Lasater, Jo Saxton Brayer, Rodey, Dickason, Sloan, Akin & Robb, P.A., Albuquerque, for defendant-appellee.

OPINION

WOOD, Judge.

This appeal involves the notice provisions of § 41-4-16, N.M.S.A. 1978. We discuss: (1) procedural matters; (2) actual notice; and (3) when the notice provision began to run.

The pertinent provisions of § 41-4-16, supra, are:

A. Every person who claims damages from the state or any local public body under the Tort Claims Act [41-4-1 to 41-4-25 NMSA 1978] shall cause to be presented to the risk management division...

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