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RUTHERFORD v. CHAVES COUNTY

No. 21,335.

47 P.3d 448 (2002)

132 N.M. 289

2002-NMCA-059

David RUTHERFORD, as Personal Representative of the Estate of Rhonda Adele Rutherford, Deceased; David Rutherford and Bobbie Flenniken, Individually and as Co-Personal Representatives of the Estates of Taletha Jean Rutherford, Deceased and Joseph Thornton Rutherford, Deceased; John Rutherford; and Michael and Debra Thomas, Individually and as Co-Personal Representatives of the Estate of Donovan J. Thomas, Deceased, Plaintiffs-Appellants, v. CHAVES COUNTY and Board of County Commissioners of Chaves County, Defendants-Appellees.

Court of Appeals of New Mexico.

Certiorari Granted May 20, 2002.

Attorney(s) appearing for the Case

Donald E. Martinez, Joseph M. Fine, Fine & Faure, P.A., Albuquerque, NM, for Appellants, Bobbie Fleniken, Michael Thomas and Debra Thomas.

Gary C. Mitchell, Ruidoso, NM, for Appellants, David Rutherford and John Rutherford.

James R. Wood, Gary L. Gordon, Alice Tomlinson Lorenz, Miller, Stratvert & Torgerson, P.A., Albuquerque, NM, for Appellees.

Certiorari Granted, No. 27,487, May 20, 2002.

OPINION

FRY, Judge.

{1} Plaintiffs appeal from summary judgment in favor of Defendant Chaves County based on sovereign immunity. We hold that the County was not immune to suit in this case because the County's allegedly negligent acts constitute highway maintenance, for which the Tort Claims Act (TCA) waives immunity. Accordingly, we reverse.

BACKGROUND...

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