HAGEN v. FAHERTY

No. 23,162.

66 P.3d 974 (2003)

133 N.M. 605

2003-NMCA-060

Gerald HAGEN, Individually and as Personal Representative of Nathan Hagen, Deceased, and Michelle Hagen, Individually, Plaintiffs-Appellees, v. Sean FAHERTY, M.D., Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Denied April 4, 2003.


Attorney(s) appearing for the Case

Guy Dicharry, Jr., Moffat & Dicharry, Valerie A. Chang, Albuquerque, NM, for Appellees.

Kenneth C. Downes, Donald D. Sullivan, Kenneth C. Downes & Associates, P.C., Albuquerque, NM, for Appellant.


Certiorari Denied, No. 27,961, April 4, 2003.

OPINION

PICKARD, Judge.

{1} The issue in this case is whether the state may be estopped from invoking the statute of limitations in the Tort Claims Act, NMSA 1978, § 41-4-15 (1977), when right and justice demand. We hold that it may. Defendant-Appellant Dr. Sean Faherty applied for, and this Court granted, an interlocutory appeal challenging the partial summary judgment granted by the district...

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