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RIDER v. ALBUQUERQUE PUBLIC SCHOOLS

No. 16385.

923 P.2d 604 (1996)

122 N.M. 237

Ralph RIDER, as guardian and next friend of Joelle Rider, a minor, Plaintiff-Appellant, v. ALBUQUERQUE PUBLIC SCHOOLS, Defendant-Appellee.

Court of Appeals of New Mexico.

Certiorari Denied September 5, 1996.

Attorney(s) appearing for the Case

David M. Berlin, Lori M. Bencoe, Duhigg, Cronin & Spring, P.A., Helena Gorochow, Albuquerque, for Appellant.

Arthur D. Melendres, George R. McFall, Jennifer A. Noya, Modrall, Sperling, Roehl, Harris & Sisk, P.A., Albuquerque, for Appellee.

William H. Carpenter, Cynthia A. Fry, Albuquerque, for Amicus Curiae, NM Trial Lawyers Association.

OPINION

BOSSON, Judge.

1. This case reexamines the question first addressed by this Court in Tafoya v. Doe, 100 N.M. 328, 670 P.2d 582 (Ct.App.), cert. quashed, 100 N.M. 327, 670 P.2d 581 (1983), whether the ninety day notice provision in the Tort Claims Act, NMSA 1978, Sections 41-4-1 to -27 (Repl.Pamp.1989 & Cum.Supp.1995), applies to minors who are incapable themselves...

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