MARTINEZ v. NEW MEXICO DEPT. OF TRANSP.

No. 33,083.

296 P.3d 468 (2013)

2013-NMSC-005

Estela MARTINEZ and Lila Salazar, individually and as co-personal representatives of the Estate of Natalie Martinez Espinoza, Isaac Martinez, and Estela 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 Estates of Donald D. Espinoza, Tony Espinoza, and Edna Espinoza, and Anthony Mark Espinoza, individually, Plaintiffs-Petitioners, v. NEW MEXICO DEPARTMENT OF TRANSPORTATION, Defendant-Respondent.

Supreme Court of New Mexico.

January 31, 2013.


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 Petitioners.

Cuddy & McCarthy, L.L.P., Mary Karen Kilgore , Evelyn Anne Peyton , Santa Fe, NM, for Respondent.

Michael B. Browde , Albuquerque, NM, for Amicus Curiae New Mexico Trial Lawyers Association.

Gary K. King , Attorney General, Matthew Eric Jackson , Assistant Attorney General, Santa Fe, NM, for Amicus Curiae New Mexico Attorney General Gary K. King.


OPINION

BOSSON, Justice.

{1} New Mexico State Road 502 (NM 502), a winding mountainous roadway leading to and from Los Alamos, New Mexico, was designed partially with and partially without center lane barriers to prevent cross-over collisions. Barriers were not installed at the site of the cross-over collision in this case. The New Mexico Department of Transportation (DOT), which has legal responsibility to maintain NM 502, was sued for negligently...

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