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Guerra v. Garcia

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eBook details

  • Title: Guerra v. Garcia
  • Author : New Mexico Supreme Court
  • Release Date : January 07, 1984
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 50 KB

Description

On September 8, 1982, plaintiff Andrew Garcia (Garcia) filed suit against defendants Arthur Guerra (Guerra), the City of Las Cruces (City), and the State of New Mexico (State) to recover damages for personal injuries received in an April 15, 1982 accident. The City and State both moved for summary judgment, and the district court granted the motions on the grounds that Garcia had failed to comply with the notice requirement of the Tort Claims Act, NMSA 1978, Sections 41-4-1 to 41-4-27 (Repl. Pamp. 1982 and Supp. 1983). On appeal, the Court of Appeals affirmed summary judgment as to the State but reversed as to the City. We granted the Citys petition for certiorari and reverse the Court of Appeals holding as to the City.


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