COBOS v. DOÑANA COUNTY HOUSING

No. 23,288.

970 P.2d 1143 (1998)

126 N.M. 418

1998-NMSC-049

Susana COBOS, Personal Representative of the Estate of Socorro Morales, Luis Daniel Morales, and Crystal Selene Morales, and individually, Plaintiff-Petitioner, v. DOÑA ANA COUNTY HOUSING AUTHORITY, Board of County Commissioners of Doña Ana County, Lucia Archuleta, Nancy Alvillar, and Apolonio Montejano, Defendants-Respondents.

Supreme Court of New Mexico.

Rehearing Denied December 21, 1998.


Attorney(s) appearing for the Case

Hubert & Hernandez, P.A., Lee E. Peters, Las Cruces, for Petitioner.

Modrall, Sperling, Roehl, Harris & Sisk, P.A., Mary T. Torres, Las Cruces, for Respondents.

William H. Carpenter, Michael B. Browde, Albuquerque, for Amicus Curiae, New Mexico Trial Lawyers Association.

Nancy Augustus, Albuquerque, for Amicus Curiae, New Mexico Defense Lawyers Association.

Paul M. Schneider, Santa Fe, for Amicus Curiae, Risk Management Division of New Mexico General Services Department.


OPINION

McKINNON, J.

{1} In this case we must decide whether a breach of public employees' duties of operation and maintenance of a privately-owned building used to provide shelter under a federally-funded low-income housing program falls within the "building waiver" of the New Mexico Tort Claims Act. See NMSA 1978, § 41-4-6 (1977) (waiver of governmental immunity for "operation or maintenance ... of any building" (emphasis added)). The...

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