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MARTINEZ v. NEW MEXICO DEPT. OF TRANSP.

No. 28,661.

258 P.3d 483 (2011)

2011-NMCA-082

Estella MARTINEZ and Lila Salazar, individually and as Co-Personal Representatives of the Estate of Natalie Martinez Espinoza; Isaac Martinez and Estella Martinez, individually and as Co-Personal Representatives of the Estate of Amelia D. Martinez; Lila Salazar and Donna Salazar, as Co-Personal Representatives of the Estate of Donald D. Espinoza; Tony Espinoza and Edna Espinoza; and Anthony Mark Espinoza, individually, Plaintiffs-Appellants, v. NEW MEXICO DEPARTMENT OF TRANSPORTATION, Defendant-Appellee.

Court of Appeals of New Mexico.

Certiorari Granted, August 5, 2011, Docket No. 33,083.

Attorney(s) appearing for the Case

Hemphill & Grace, P.C., Linda G. Hemphill , Paul W. Grace , The Okon Law Firm, Christa M. Okon , Santa Fe, NM, for Appellants.

Cuddy & McCarthy, LLP, M. Karen Kilgore , Evelyn A. Peyton , Santa Fe, NM, for Appellee.

OPINION

KENNEDY, Judge.

{1} This case stems from a head-on collision between a vehicle driven by Amelia Martinez, in which Donald Espinoza was a passenger, and another vehicle driven by Anthony Griego. All involved died. Plaintiffs, representatives of Martinez's and Espinoza's estates, pursue wrongful death and loss of consortium claims against the New Mexico Department of Transportation (DOT) for negligent failure to maintain the road. The...

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