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BIERNER v. CITY OF TRUTH OR CONSEQUENCES

No. 23,434.

96 P.3d 322 (2004)

136 N.M. 197

2004-NMCA-093

Johnny BIERNER, Brenda Garcia, Lucy Grimes, Zackary Grimes, Sue Hall, Beverly Hamilton, Alice Hernandez, Robert Jones, Virginia Ruth Jones, Brian Newsome, Jorge Perez, Cristina Rabago, Erasto Romero, Jesus Sanchez, Marie Smith, Lawrence Smith, Ray Terrazas, Mary H. Torres, and Glenda Wellberg, Plaintiffs-Appellants, v. CITY OF TRUTH OR CONSEQUENCES, Defendant-Appellee.

Court of Appeals of New Mexico.

June 15, 2004.

Attorney(s) appearing for the Case

Robert J. Gorence, Louren Oliveros, Robert J. Gorence & Associates, P.C., William C. Marchiondo, Marchiondo Law Offices, P.C., Albuquerque, for Appellants.

Gregory V. Pelton, Pelton & Associates, P.A., Albuquerque, for Appellee.

OPINION

CASTILLO, J.

{1} This case requires us to determine whether the trial court erred in granting summary judgment in favor of Defendant City of Truth or Consequences (City). The court concluded that the City was immune from liability under the New Mexico Tort Claims Act (TCA), NMSA 1978, §§ 41-4-1 to -27 (1976, as amended through 2003). Plaintiffs maintain that summary judgment was inappropriate because facts as to waiver of immunity...

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