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UPTON v. CLOVIS MUNICIPAL SCHOOL DISTRICT

No. 24,051.

115 P.3d 795 (2005)

2005-NMCA-085

Samuel UPTON, as Personal Representative of The Estate of Sarah Renee Upton, Deceased; Renee Upton, Individually, and Samuel and Renee Upton, Jointly as the Parents of Sarah Renee Upton, Deceased, Plaintiffs-Appellants, v. CLOVIS MUNICIPAL SCHOOL DISTRICT, Defendant-Appellee.

Court of Appeals of New Mexico.

Certiorari Granted July 1, 2005.

Attorney(s) appearing for the Case

Stephen Doerr, Doerr & Knudson, P.A., Portales, NM, for Appellants.

Daniel J. Macke, Elizabeth L. German, Brown & German, Albuquerque, NM, for Appellee.

Certiorari Granted, No. 29,226, July 1, 2005.

OPINION

WECHSLER, Judge.

{1} Section 41-4-6 of the Tort Claims Act, NMSA 1978, §§ 41-4-1 to 41-4-27 (1976, as amended through 2004) (TCA), provides a waiver of governmental immunity when damages flow from "the operation or maintenance of any building." This case requires us to address the "exceedingly fine" distinctions drawn by cases decided...

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