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5 New Mexico opinions name it 2 courts 1994–2022 2 in the last five years
The cases below were cited by New Mexico courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
| No positive-treatment citations attached to this issue in New Mexico. | ||
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New Mexico. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Milliron v. County of San Juan
green
2 sentences2022A traditional tort claim “requires the existence of a duty from a defendant to a plaintiff, breach of that duty, which is typically based upon a standard of reasonable care, and the breach being a proximate cause and cause in fact of the plaintiff’s damages.” Milliron v. Cnty. of San Juan, 2016-NMCA-096, ¶ 11 , 384 P.3d 1089 (internal quotation marks and citation omitted). {16} Law enforcement officers are subject to the Section 41-4-5 immunity waiver and have a duty under the common law to exercise the care of a “reasonably prudent and qualified officer” in the same situation. 2022A traditional tort claim “requires the existence of a duty from a defendant to a plaintiff, breach of that duty, which is typically based upon a standard of reasonable care, and the breach being a proximate cause and cause in fact of the plaintiff’s damages.” Milliron v. Cnty. of San Juan, 2016-NMCA-096, ¶ 11 , 384 P.3d 1089 (internal quotation marks and citation omitted). {16} Law enforcement officers are subject to the Section 41-4-5 immunity waiver and have a duty under the common law to exercise the care of a “reasonably prudent and qualified officer” in the same situation. | 2 | 2022–2022 |
Wilson v. Grant County
green
2 sentences2022Wilson v. Grant Cnty., 1994-NMCA- 9 001, ¶¶ 4, 9, 117 N.M. 105 , 869 P.2d 293 . 2022Wilson v. Grant Cnty., 1994-NMCA- 9 001, ¶¶ 4, 9, 117 N.M. 105 , 869 P.2d 293 . | 2 | 2022–2022 |
Garcia v. Albuquerque Public Schools Board of Education
green
2 sentences1994Garcia, 95 N.M. at 393 , 622 P.2d at 701 . 1994Garcia, 95 N.M. at 393 , 622 P.2d at 701 . | 2 | 1994–1994 |
Gallegos v. School Dist. of W. Las Vegas
green
2 sentences2008Section 41-4-5 — Operation of a Motor Vehicle {13} Section 41-4-5 waives immunity for “liability for damages resulting from bodily injury, wrongful death or property damage caused by the negligence of public employees while acting within the scope of their duties in the operation or maintenance of any motor vehicle, aircraft or watercraft.” Plaintiff contends that MDC’s driver of the transport van negligently operated the van by driving the van away from MDC without Decedent aboard. {14} In support of her contention, Plaintiff cites two cases having to do with the operation of school buses: Ga 2008Section 41-4-5 — Operation of a Motor Vehicle {13} Section 41-4-5 waives immunity for “liability for damages resulting from bodily injury, wrongful death or property damage caused by the negligence of public employees while acting within the scope of their duties in the operation or maintenance of any motor vehicle, aircraft or watercraft.” Plaintiff contends that MDC’s driver of the transport van negligently operated the van by driving the van away from MDC without Decedent aboard. {14} In support of her contention, Plaintiff cites two cases having to do with the operation of school buses: Ga | 1 | 2008–2008 |
Owens Ex Rel. Owens v. Leavitts Freight Service, Inc.
green
2 sentences2008Section 41-4-5 — Operation of a Motor Vehicle {13} Section 41-4-5 waives immunity for “liability for damages resulting from bodily injury, wrongful death or property damage caused by the negligence of public employees while acting within the scope of their duties in the operation or maintenance of any motor vehicle, aircraft or watercraft.” Plaintiff contends that MDC’s driver of the transport van negligently operated the van by driving the van away from MDC without Decedent aboard. {14} In support of her contention, Plaintiff cites two cases having to do with the operation of school buses: Ga 2008Section 41-4-5 — Operation of a Motor Vehicle {13} Section 41-4-5 waives immunity for “liability for damages resulting from bodily injury, wrongful death or property damage caused by the negligence of public employees while acting within the scope of their duties in the operation or maintenance of any motor vehicle, aircraft or watercraft.” Plaintiff contends that MDC’s driver of the transport van negligently operated the van by driving the van away from MDC without Decedent aboard. {14} In support of her contention, Plaintiff cites two cases having to do with the operation of school buses: Ga | 1 | 2008–2008 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.