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BRENNEMAN v. BOARD OF REGENTS

No. 23,778.

84 P.3d 685 (2003)

135 N.M. 68

2004-NMCA-003

Maria Elena BRENNEMAN, Individually, Mark Brenneman, Individually, and on Behalf of Paul L. Brenneman and Leah M. Brenneman, Minor Children, Plaintiffs-Appellants, v. The BOARD OF REGENTS OF THE UNIVERSITY OF NEW MEXICO, as Trustees of the University of New Mexico Health Sciences Center, Defendant-Appellee.

Court of Appeals of New Mexico.

Certiorari Denied December 23, 2003.

Attorney(s) appearing for the Case

Philip C. Gaddy, David J. Jaramillo, Gaddy Law Firm, Albuquerque, NM, for Appellants.

Kenneth C. Downes, Rick Sandoval, Kenneth C. Downes & Associates, P.C., Albuquerque, NM, for Appellee.

Certiorari Denied, No. 28,407, December 23, 2003.

OPINION

PICKARD, Judge.

{1} This case presents the question of whether loss of consortium damages are recoverable under Sections 41-4-9 and -10 of New Mexico's Tort Claims Act. See NMSA 1978, §§ 41-4-1 to -27 (1976, as amended through 2003) (hereinafter "the Act"). We hold that loss of consortium damages are permissible under the Act's provisions for damages resulting from...

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