(Download) "Bybee v. City of Albuquerque" by New Mexico Supreme Court # Book PDF Kindle ePub Free
eBook details
- Title: Bybee v. City of Albuquerque
- Author : New Mexico Supreme Court
- Release Date : January 24, 1995
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
Appellant Dennis Bybee appeals from a summary judgment granted by the district court in favor of Appellee City of Albuquerque. The sole question presented on certification is whether Appellee is immune from liability under the New Mexico Tort Claims Act (the ""Act""). See NMSA 1978, §§ 41-4-1 to -29 (Repl. Pamp. 1989). The Court of Appeals certified this case to us because the resolution depends on the ""proper interpretation and application"" of our opinion in City of Albuquerque v. Redding , 93 N.M. 757, 605 P.2d 1156 (1980) in light of the immunity statutes. We accepted certification pursuant to NMSA 1978, Section 34-5-14(C) (Repl. Pamp. 1990). See Collins ex rel. Collins v. Tabet , 111 N.M. 391, 393, 806 P.2d 40, 42 (1991); Deer Mesa Corp. v. Los Tres Valles Special Zoning Dist. Comm'n , 103 N.M. 675, 680, 712 P.2d 21, 26 (Ct. App. 1985). We address one issue on appeal: Whether Appellee is immune from liability for damages occurring in a diversion channel located in a public park. We affirm. I