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SMITH v. DEPT. OF PARKS & RECREATION

No. 9435.

743 P.2d 124 (1987)

105 N.M. 368

Curtis SMITH, as Personal Representative of Mihael C. Smith, Stacy D. Smith, Lisa Smith, Amanda Smith and Jacob Smith, Deceased; and Charles Martin, as Personal Representative of George Martin, Deceased, Plaintiffs-Appellants, v. STATE of New Mexico ex rel. NEW MEXICO DEPARTMENT of PARKS AND RECREATION, Defendant-Appellee.

Court of Appeals of New Mexico.

August 20, 1987.

Attorney(s) appearing for the Case

Norman F. Weiss, Farlow, Simone, Roberts & Weiss, P.A., Albuquerque, for plaintiffs-appellants.

James P. Lyle, Butt, Thornton & Baehr, P.C., Albuquerque, for defendant-appellee.

OPINION

DONNELLY, Chief Judge.

Plaintiffs, as personal representatives of Michael C. Smith, Stacy D. Smith, Lisa Smith, Amanda Smith, Jacob Smith, and George Martin, deceased, appeal from the trial court's award of summary judgment in an action brought under the New Mexico Tort Claims Act. NMSA 1978, §§ 41-4-1 to -27 (Repl. 1986). The issues raised on appeal each turn upon the central question of whether the State Park and Recreation Department...

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