ERWIN v. CITY OF SANTA FE

No. 13620.

855 P.2d 1060 (1993)

115 N.M.App. 596

Ralph ERWIN, as next friend of his son Albert Erwin, a minor, Plaintiff-Appellee, and Ralph ERWIN, Individually, Plaintiff, v. The CITY OF SANTA FE, A Municipal Corporation, Defendant-Appellant.

Court of Appeals of New Mexico.

May 21, 1993.


Attorney(s) appearing for the Case

Steven K. Sanders, Albuquerque, for plaintiff-appellee.

R. Galen Reimer, Paul L. Civerolo, Civerolo, Hansen & Wolf, P.A., Albuquerque, for defendant-appellant.

Kenneth C. Downes, Mark Patrick Geiger, McClaugherty, Silver & Downes, P.C., Albuquerque, for amicus curiae State of N.M., Risk Management Div.

William H. Carpenter, Michael B. Browde, Albuquerque, for amicus curiae N.M. Trial Lawyers Ass'n.


OPINION

BLACK, Judge.

Defendant City of Santa Fe ("the City") brings this interlocutory appeal from the district court's denial of the City's motion for summary judgment. On July 12, 1990, fourteen-year-old Albert Erwin was hit by a car while riding his bicycle; on March 5, 1991, Plaintiffs, Albert and his father, Ralph Erwin, brought suit against the City on a theory of negligent maintenance and inspection of the street where the accident occurred. The...

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