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MARRUJO v. NEW MEXICO HWY. TRANSP. DEPT.

No. 21530.

887 P.2d 747 (1994)

118 N.M. 753

Jose M. MARRUJO, Sr., individually and as personal representative of the Estate of Glen Marrujo, Sr., Plaintiff-Appellant, v. NEW MEXICO STATE HIGHWAY TRANSPORTATION DEPARTMENT, Defendant-Appellee.

Supreme Court of New Mexico.

November 3, 1994.

Attorney(s) appearing for the Case

Aarons Law Firm, P.C., Stephen D. Aarons, Santa Fe, for appellant.

Miller, Stratvert, Torgerson & Schlenker, P.A., Robert C. Gutierrez, Virginia Anderman, Albuquerque, for appellee.

Sive, Paget & Riesel, P.C., Steven Barshov, New York City, Judith A. Olean, Santa Fe, for amicus curiae N.M. Self Insurers Fund and N.M. Mun. League.

OPINION

FROST, Justice.

This case addresses the constitutionality of the New Mexico Notice of Claims Statute, NMSA 1978, Section 41-4-16 (Repl. Pamp.1989), which requires those asserting a wrongful death claim against state or local public bodies to provide notice of the claim within six months of the injury.

The trial court upheld the constitutionality of the Notice of Claims Statute and dismissed the Plaintiffs...

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