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GUTIERREZ v. WEST LAS VEGAS SCHOOL DIST.

No. 22,386.

48 P.3d 761 (2002)

132 N.M. 372

2002-NMCA-068

Geraldine GUTIERREZ, as the parent and guardian of Samuel Gutierrez, a minor, Plaintiff-Appellant, v. WEST LAS VEGAS SCHOOL DISTRICT, Defendant-Appellee.

Court of Appeals of New Mexico.

May 3, 2002.

Attorney(s) appearing for the Case

David P. Garcia, Montoya, Murphy & Garcia, George T. Geran Santa Fe, NM, for Appellant.

H. Nicole Schamban, Narvaez Law Firm, P.A., Albuquerque, NM, for Appellee.

OPINION

SUTIN, Judge.

{1} This appeal tests the scope of the waiver of governmental immunity for alleged negligence in operating public premises under NMSA 1978, § 41-4-6 (1977) of the Tort Claims Act, NMSA 1978, § 41-4-1 to -29 (1976, as amended through 2001) (TCA). Samuel Gutierrez (Samuel), a student at West Las Vegas Middle School, was injured while he and fellow band students participated in a multi-school Mariachi event sponsored...

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