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CASTILLO v. SANTA FE COUNTY

No. 17243.

755 P.2d 48 (1988)

107 N.M. 204

Virginia CASTILLO, as mother and next friend of R. Daniel Castillo and Manuel M. Castillo, Petitioner, v. COUNTY OF SANTA FE, County of Santa Fe Housing Authority, Rudy R. Fernandez, Samuel J. Garcia, Jerome Block, Patrick Ortiz and Paul Arellano, in their official capacities and Individually, Respondents.

Supreme Court of New Mexico.

May 12, 1988.

Attorney(s) appearing for the Case

Susan Weckesser, Santa Fe, for petitioner.

White, Koch, Kelly & McCarthy, P.A., Bruce J. Fort, Santa Fe, for respondent Arellano.

Butt, Thornton & Baehr, P.C., Karen C. Kennedy, Albuquerque, for respondents.

OPINION

RANSOM, Justice.

We granted certiorari to examine the waiver of immunity under Section 41-4-6 of the Tort Claims Act, NMSA 1978, Sections 41-4-1 to -27 (Repl.Pamp. 1986). The immunity from tort liability granted a governmental entity and its employees pursuant to Section 41-4-4 of the Tort Claims Act does not apply "to liability for damages resulting from bodily injury * * * caused by the negligence of public employees while acting within the scope...

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