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SEAL v. CARLSBAD INDEP. SCHOOL DIST.

No. 20589.

860 P.2d 743 (1993)

116 N.M. 101

Judy SEAL, as Personal Representative of her deceased son, Kevin Seal, Plaintiff-Appellant, v. CARLSBAD INDEPENDENT SCHOOL DISTRICT; Roger Harrell, Superintendent of Carlsbad Independent School District; Paul Ricker, Manager of the Carlsbad Natatorium and Employee of the Carlsbad Public Schools; and Therese Rodriguez, Employee of the Carlsbad Public Schools at the Carlsbad Natatorium, Individually and in their Official Capacities, Defendants-Appellees.

Supreme Court of New Mexico.

Rehearing Denied September 30, 1993.

Attorney(s) appearing for the Case

Hanratty Law Firm, Kevin J. Hanratty, Artesia, Fisk & Vandiver, John Fisk, Artesia, Roth, VanAmberg, Gross, Rogers & Ortiz, John B. Roesler, Santa Fe, for plaintiff-appellant.

Beall & Biehler, P.A., Larry D. Beall, William E. Singdahlsen, Albuquerque, for defendants-appellees.

OPINION

RANSOM, Chief Justice.

This is a wrongful death action brought by Judy Seal as personal representative of the estate of her deceased son, Kevin. Seal appeals from a summary judgment holding that the operation of a swimming pool is an inherently dangerous activity giving rise to strict liability, from which a school district and its employees enjoy statutory sovereign immunity under Section 41-4-4(A) of the Tort Claims Act, NMSA 1978, §§...

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