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BLACKBURN v. STATE

No. 5191.

644 P.2d 548 (1982)

98 N.M. 34

Donald E. BLACKBURN, Plaintiff-Aappellant, Cross-Appellee, v. STATE of new Mexico, State Highway Department, and State Highway Engineer, Defendants-Appellees, Cross-Appellants.

Court of Appeals of New Mexico.

April 15, 1982.

Attorney(s) appearing for the Case

Jack Zorn, J. Duke Thornton, Shaffer, Butt, Thornton & Baehr, Albuquerque, for plaintiff-appellant, cross-appellee.

Turner W. Branch, Branch, Perkal & Assoc., Albuquerque, for defendants-appellees, cross-appellants.

OPINION

NEAL, Judge.

This is a case arising under the Tort Claims Act, § 41-4-1, et seq., N.M.S.A. 1978. The plaintiff, Donald Blackburn, was injured in a motorcycle accident, and sued the Highway Department alleging negligent design and maintenance of an intersection. The jury returned a verdict for defendants, probably because of evidence that the driver of the motorcycle on which plaintiff was riding was negligent. Plaintiff appeals contending that...

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