(Download) "Rutherford V. Chaves County" by In the Supreme Court of the State of New Mexico # eBook PDF Kindle ePub Free
eBook details
- Title: Rutherford V. Chaves County
- Author : In the Supreme Court of the State of New Mexico
- Release Date : January 23, 2003
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 69 KB
Description
¶1 Plaintiffs filed a complaint against Defendants Chaves County and the Chaves County Board of Commissioners under the New Mexico Tort Claims Act for wrongful death and personal injury following a nighttime accident that occurred at a flooded roadway intersection where Plaintiff Rutherford unsuccessfully attempted to drive his motor vehicle through the arroyo floodwaters. The district court granted Chaves County's motion for summary judgment, finding Chaves County immune from suit under the Tort Claims Act. On appeal, the Court of Appeals reversed the district court and held that the Tort Claims Act waived Chaves County's immunity from suit because Chaves County's allegedly negligent acts of failing to timely and adequately control traffic on the flooded roadway constitute highway maintenance. We affirm the Court of Appeals and remand for further proceedings consistent with this opinion.
 "Rutherford V. Chaves County" by In the Supreme Court of the State of New Mexico # eBook PDF Kindle ePub Free){kind=link}