BACA v. STATE

No. 16,118.

911 P.2d 1199 (1996)

121 N.M. 395

Leonard BACA, Plaintiff-Appellee, v. STATE of New Mexico, New Mexico State Fair, and New Mexico State Fair Commission, Defendants-Appellants.

Court of Appeals of New Mexico.

Certiorari Denied February 22, 1996.


Attorney(s) appearing for the Case

John A. Aragon, Coppler, Aragón & Mannick, P.C., Santa Fe, for Plaintiff-Appellee.

Jeffrey L. Baker, The Baker Law Firm, Albuquerque, for Defendants-Appellants.


OPINION

PICKARD, Judge.

1. This case provides yet another opportunity to discuss the waivers of immunity under the Tort Claims Act, specifically the waiver that applies to buildings, public parks, machinery, equipment, and furnishings— NMSA 1978, Section 41-4-6 (Repl. Pamp.1989). We hold that the district court properly ruled that immunity was waived because we can identify and articulate a condition on the premises that creates a potential...

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