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LEITHEAD v. CITY OF SANTA FE

No. 16892.

940 P.2d 459 (1997)

123 N.M. 353

1997-NMCA-041

Jay LEITHEAD and Debbie Leithead, Individually and as Parents of Amanda Leithead, Plaintiffs-Appellees, v. CITY OF SANTA FE, Defendant-Appellant.

Court of Appeals of New Mexico.

January 14, 1997.

Attorney(s) appearing for the Case

Randy S. Bartell, Randy S. Bartell, P.C., Santa Fe, for Defendant-Appellant.

James V. Noble, Jr., James V. Noble, P.A., Kimball R. Udall, Sommer, Fox, Udall, Othmer, Hardwick & Wise, P.A., Santa Fe, for Plaintiffs-Appellees.

OPINION

BOSSON, Judge.

1. In this case we examine whether the negligent provision of lifeguard services at a public swimming pool constitutes the negligent "operation or maintenance" of a public building, park, or equipment for which liability may be maintained under NMSA 1978, Section 41-4-6 (Repl.Pamp.1989) of the Tort Claims Act (the Act), NMSA 1978, §§ 41-4-1 to -27 (Repl.Pamp.1989 & Cum.Supp.1995). We conclude that the action may...

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