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GRANO v. ROADRUNNER TRUCKING, INC.

No. 5532.

656 P.2d 890 (1982)

99 N.M. 227

Daniel Mark GRANO, Daniel J. Grano and TERRY L. Grano, individually and as parents, and next friends, Plaintiffs-Appellees, v. ROADRUNNER TRUCKING, INC., a New Mexico Corporation, Harold H. Caruth, City of Albuquerque, a Municipal Corporation, Defendants, and State of New Mexico, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Quashed January 19, 1983.

Attorney(s) appearing for the Case

Kathryn Levy Civerolo, Hansen & Wolf, P.A., Albuquerque, for defendant-appellant State of N.M.

Charles W. Rawson, Albuquerque, for plaintiffs-appellees.

OPINION

HENDLEY, Judge.

Plaintiffs sued several defendants, including the State Highway Department, for damages arising out of an automobile accident. The State filed a motion for summary judgment claiming immunity. The motion was denied. We granted the State's request for an interlocutory appeal. The sole issue is whether the State is entitled to immunity under the Tort Claims Act. Our answer is in the negative and we affirm the trial court.

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