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ESPINOZA v. TOWN OF TAOS

No. 22662.

905 P.2d 718 (1995)

120 N.M. 680

Valentine ESPINOZA and Debbie Espinoza, husband and wife, both individually and as parents, guardians, and best friends of Valentine Espinoza, Jr., Plaintiffs-Appellants, v. TOWN OF TAOS, Mayor Eloy Jeantete, Joyce Lucero, Mark Vigil, Sally Martinez, and Gail Martinez, individually and in their official capacities, Defendants-Appellees.

Supreme Court of New Mexico.

October 23, 1995.

Attorney(s) appearing for the Case

Law Offices of John Howard, John Howard, Rio Rancho, Jonas Rane, Albuquerque, for Appellants.

Felker, Ish, Hatcher, Ritchie, Sullivan & Geer, P.A., Scott P. Hatcher, Santa Fe, for Appellees.

OPINION

BACA, Chief Justice.

1. Appellants Valentine and Debbie Espinoza appeal a summary judgment entered in favor of the Town of Taos. We review pursuant to SCRA 1986, 12-102(A) (Repl.Pamp. 1992) (providing Supreme Court jurisdiction in cases sounding in contract), to determine two issues: (1) Whether the Tort Claims Act, NMSA 1978, §§ 41-4-1 to -27 (Repl.Pamp. 1989 & Cum.Supp.1995), waives sovereign immunity when a child is injured...

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