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YOUNG v. VAN DUYNE

No. 23,788.

92 P.3d 1269 (2004)

135 N.M. 695

2004-NMCA-074

Christopher Paul YOUNG, individually, as personal representative of the Estate of Norma Lee Young, deceased, and as next friend to her minor children, Jeromiah T. Cabrera, Nicolas A. Cabrera, and Sara B. Salomon, Plaintiff-Appellant, v. Arnell VAN DUYNE, New Mexico Children, Youth & Families Department, Jane Doe, and John Doe, Children, Youth & Families Department employees, Defendants-Appellees.

Court of Appeals of New Mexico.

April 28, 2004.

Attorney(s) appearing for the Case

Jon C. Fredlund, James W. Klipstine, Jr., LLC, Hobbs, for Appellant.

Timothy V. Flynn-O'Brien, Bryan & Flynn-O'Brien, Albuquerque, Steven L. Bell, Roswell, for Appellee Children, Youth & Families Dep't.

OPINION

SUTIN, Judge.

{1} Plaintiff appeals a dismissal of his Tort Claims Act wrongful death claim arising from the alleged negligent failure of the New Mexico Children, Youth & Families Department (CYFD) to disclose to him and his deceased wife that their adopted son had violent tendencies. The wrongful death claim was filed after the adopted son killed his adoptive mother. The dismissal was based on statutory immunity under NMSA 1978, §§...

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