LUCERO v. SALAZAR

No. 14498.

877 P.2d 1106 (1994)

117 N.M. 802

Russell LUCERO and Charles Lucero, Plaintiffs-Appellants, v. Kenny SALAZAR and Richard Rohlfs, Defendants-Appellees, and City of Albuquerque and Bob Stover, Defendants.

Court of Appeals of New Mexico.

Certiorari Denied June 23, 1994.


Attorney(s) appearing for the Case

Ray Twohig, Ray Twohig, P.C., Albuquerque, for plaintiffs-appellants.

Margo J. McCormick, Robert C. Gutierrez, Miller, Stratvert, Torgerson & Schlenker, P.A., Albuquerque, for defendants-appellees.


OPINION

APODACA, Judge.

Plaintiffs Charles and Russell Lucero (Plaintiffs) appeal the trial court's dismissal of Counts I and II of their complaint against Defendants Kenny Salazar and Richard Rohlfs (Defendants). Plaintiffs raise the following issues on appeal: (1) whether the trial court erred in dismissing Plaintiffs' complaint for failure to state a claim for which immunity from suit was waived under the Tort Claims Act, NMSA 1978, §§...

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