ESTATE OF GUTIERREZ v. ALBUQUERQUE POLICE DEPT.

No. 8750.

717 P.2d 87 (1986)

104 N.M. 111

The ESTATE OF Blas GUTIERREZ, by George B. HANEY, as Personal Representative, Plaintiff-Appellee, v. ALBUQUERQUE POLICE DEPARTMENT and Bernalillo County Detention Center, Defendants-Appellants.

Court of Appeals of New Mexico.

Certiorari Denied March 26, 1986.


Attorney(s) appearing for the Case

Daniel Rakes, Leon Taylor, Albuquerque, for plaintiff-appellee.

Mark S. Jaffe, Lopez, Lopez & Jaffe, P.C., Albuquerque, for defendant-appellant Albuquerque Police Dept.

Ronald F. Horn, Phil Krehbiel, Keleher & McLeod, P.A., Albuquerque, for defendant-appellant Bernalillo County Detention Center.


OPINION

GARCIA, Judge.

This matter is before the court, 715 P.2d 71, on an interlocutory appeal from the denial of defendants' motion for summary judgment. Defendants raise one issue: whether plaintiff's claim should have been dismissed for violation of the two-year statute of limitation under the New Mexico Tort Claims Act, NMSA 1978, Section 41-4-15 (Repl.Pamp. 1982). Plaintiff seeks to raise an additional issue: whether the court erred in granting summary...

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