CITY OF LAS CRUCES v. GARCIA

No. 15382.

690 P.2d 1019 (1984)

102 N.M. 25

The CITY OF LAS CRUCES, Petitioner, Arthur Guerra, and The State of New Mexico, Defendants, v. Andrew L. Garcia, Respondent.

Supreme Court of New Mexico.

November 7, 1984.


Attorney(s) appearing for the Case

Gordon J. McCulloch, Katherine E. Tourek, Bradley & McCulloch, P.A., Albuquerque, for petitioner.

Anthony F. Avallone, Law Systems of Las Cruces, P.A., Las Cruces, for respondent.

Deborah S. Davis, Shaffer, Butt, Thornton & Baehr, P.C., Albuquerque, State of N.M.


OPINION

RIORDAN, Justice.

On September 8, 1982, plaintiff Andrew Garcia (Garcia) filed suit against defendants Arthur Guerra (Guerra), the City of Las Cruces (City), and the State of New Mexico (State) to recover damages for personal injuries received in an April 15, 1982 accident. The City and State both moved for summary judgment, and the district court granted the motions on the grounds that Garcia had failed to comply with the notice requirement of the...

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