ENCINIAS v. WHITENER LAW FIRM, P.A.

No. 33,874.

310 P.3d 611 (2013)

2013-NMSC-045

Joe Robert ENCINIAS, Plaintiff-Petitioner, v. WHITENER LAW FIRM, P.A. and Russell Whitener, Defendants-Respondents.

Supreme Court of New Mexico.

September 12, 2013.


Attorney(s) appearing for the Case

Will Ferguson & Associates, David M. Houliston , Roger V. Eaton , Sanders & Westbrook, P.C., Maureen A. Sanders , Wray & Girard, P.C., Katherine Wray , Albuquerque, NM, for Petitioner.

Tax, Estate & Business Law, Ltd., Barry D. Williams , James Reist , Albuquerque, NM, for Respondents.

Coppler Law Firm, P.C., Gerald A. Coppler , Thomas R. Logan , Santa Fe, NM, for Amicus Curiae New Mexico Public Schools Insurance Authority.


OPINION

CHÁVEZ, Justice.

{1} This case concerns an action for legal malpractice based on the defendant law firm's failure to file suit within the statute of limitations. The viability of the malpractice suit hinges on whether the underlying cause of action, a claim against a school district for injuries inflicted on one student by another, would have been barred by sovereign immunity or permitted by the Tort Claims Act (TCA), NMSA 1978...

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