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LERMA v. STATE HIGHWAY DEPT. OF N.M.

No. 20506.

877 P.2d 1085 (1994)

117 N.M. 781

Dawn Marie LERMA, by her next friend, Emilio S. LERMA, Plaintiff-Respondent, v. STATE HIGHWAY DEPARTMENT OF NEW MEXICO, Defendant-Petitioner.

Supreme Court of New Mexico.

June 23, 1994.

Attorney(s) appearing for the Case

Weinbrenner, Richards, Paulowsky & Ramirez, P.A., Manuel I. Arrieta, Las Cruces, for petitioner.

Brower and Slavin, P.C., Ken Slavin, El Paso, for respondent.

OPINION

RANSOM, Justice.

Emilio S. Lerma, as next friend of his daughter Dawn Marie Lerma, appealed to the Court of Appeals from the trial court's entry of summary judgment dismissing Lerma's personal injury action against the State Highway Department. In an unpublished opinion, the Court of Appeals reversed. We issued a writ of certiorari to review two issues: (1) whether the Court of Appeals erred by imposing a common-law duty upon the Department to maintain...

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