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NEW MEXICO STATE HIGHWAY COM'N v. FERGUSON

No. 13743.

652 P.2d 230 (1982)

98 N.M. 680

NEW MEXICO STATE HIGHWAY COMMISSION and State of New Mexico, Petitioners, v. Betty FERGUSON, Guardian and Conservator of the Estate of Robert Lynne Schleuter, an Incapacitated and Protected Person, Santiage G. Chavez, Sr., Personal Representative of the Estate of David Chavez, Deceased, and Ruben Chavez, Respondents.

Supreme Court of New Mexico.

September 27, 1982.

Attorney(s) appearing for the Case

Shaffer, Butt, Thornton & Baehr, Deborah S. Davis, Albuquerque, for petitioners.

Melvin L. Robins, Albuquerque, for respondents.

Thomas C. Esquibel, Dist. Atty., Los Lunas, for Valencia County Bd. of Com'rs.

John W. Cassell, Sp. Asst. Atty. Gen., Santa Fe, amicus curiae.

OPINION

EASLEY, Chief Justice.

Respondents sued for personal injuries and wrongful death, alleging that petitioners' negligent design, construction, and maintenance of a state highway caused the vehicle in which respondents were riding to go off the road. Petitioners State of New Mexico (State) and New Mexico State Highway Commission (Commission) moved to dismiss for failure to state a claim on grounds that notice...

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