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GARNER v. DEPARTMENT OF CORRECTIONS

No. 16351.

903 P.2d 858 (1995)

120 N.M. 547

Perry GARNER, Plaintiff-Appellant, v. DEPARTMENT OF CORRECTIONS, George Shorter, Ernest Harding, and Arnold Baca, Defendants-Appellees.

Court of Appeals of New Mexico.

August 23, 1995.

Attorney(s) appearing for the Case

Elizabeth E. Simpson, Tomita & Simpson, P.C., Albuquerque, for Plaintiff-Appellant.

Paul M. Schneider, Legal Bureau/Risk Management Division, Santa Fe, for Defendants-Appellees.

OPINION

PICKARD, Judge.

1. Plaintiff, a prisoner working in the Prison Industries paint shop, was using an electric wire brush when a wire broke from the brush and flew into his eye. Plaintiff sued for damages under the Tort Claims Act because Defendants had not provided him with safety glasses or training in the use of the brush. Plaintiff's contention was that NMSA 1978, Section 41-4-6 (Repl.Pamp.1989), waived immunity for negligence in the operation...

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