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RUTHERFORD v. CHAVES COUNTY

No. 27,487.

69 P.3d 1199 (2003)

133 N.M. 756

2003-NMSC-010

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-Respondents, v. CHAVES COUNTY and Board of County Commissioners of Chaves County, Defendants-Petitioners.

Supreme Court of New Mexico.

April 23, 2003.

Attorney(s) appearing for the Case

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

Fine & Faure, Donald E. Martinez, Joseph M. Fine, Albuquerque, NM, for Respondents.

OPINION

CHAVEZ, Justice.

{1} Plaintiffs filed a complaint against Defendants Chaves County and the Chaves County Board of Commissioners under the New Mexico Tort Claims Act for wrongful death and personal injury following a nighttime accident that occurred at a flooded roadway intersection where Plaintiff Rutherford unsuccessfully attempted to drive his motor vehicle through the arroyo floodwaters. The district court granted Chaves County's motion...

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