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RIVERA v. NEW MEXICO HWY. & TRANSP. DEPT.

No. 14283.

855 P.2d 136 (1993)

115 N.M.App. 562

Domingo RIVERA, Plaintiff-Appellant, v. NEW MEXICO HIGHWAY AND TRANSPORTATION DEPARTMENT, Defendant-Appellee.

Court of Appeals of New Mexico.

Certiorari Denied June 17, 1993.

Attorney(s) appearing for the Case

Mario A. Esparza, Las Cruces, for plaintiff-appellant.

Benjamin Silva, Jr., Earl E. DeBrine, Jr., Modrall, Sperling, Roehl, Harris & Sisk, P.A., Albuquerque, for defendant-appellee.

OPINION

PICKARD, Judge.

Plaintiff appeals from the summary judgment entered in favor of Defendant in this Tort Claims Act case. Plaintiff was injured when he was working as a laborer for a construction company that was engaged in resurfacing a highway. Due to the temporary unavailability of resurfacing material, there was a lull in the work. During this lull, Defendant's employee, who was employed to supervise the highway project, threw a container...

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