JARAMILLO v. BOARD OF REGENTS

No. 20,805.

23 P.3d 931 (2001)

130 N.M. 256

2001-NMCA-024

Lisa JARAMILLO, as Guardian and Next Friend of Anthony Jaramillo, a Minor, Plaintiff-Appellant, v. The BOARD OF REGENTS of the UNIVERSITY OF NEW MEXICO HEALTH AND SCIENCES CENTER, Defendant-Appellee.

Court of Appeals of New Mexico.

Certiorari Granted May 9, 2001.


Attorney(s) appearing for the Case

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

W. Ann Maggiore, RMD Legal Bureau, Santa Fe, NM, for Appellee.

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

Thomas L. Murphy, Beall & Biehler, P.A., Albuquerque, NM, for Amicus Curiae New Mexico Defense Lawyers Association.


OPINION

PICKARD, Judge.

{1} This case is the latest in a series of cases involving the limitations periods of the Tort Claims Act. See NMSA 1978, §§ 41-4-1 to 27 (1976, as amended through 1999), and particularly § 41-4-15. We must decide whether prior cases, which hold that the 90 day notice provision of Section 41-4-16 does not apply to minors who are incapable of meeting it, apply to this case involving the statute of limitations...

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