Author: Paul Hibner

New Mexico has a specific statute allowing for liability against parents for the malicious or willful acts of their children. See NMSA § 32A-2-27. Under NMSA § 32A-2-27(A): Any person may recover damages not to exceed four thousand dollars ($4,000) in a civil action in a court or tribunal of competent jurisdiction from the parent or guardian... Continue Reading

The government’s sovereign immunity is waived when plaintiff’s injury is caused by a public employee’s negligence in the maintenance of roadways, streets, sidewalks, or highways. NMSA § 41-4-11(A). Immunity can be waived by, inter alia, failing to build or maintain fences along highways, failing to post “Wrong Way” or “Do Not Enter” signs properly, or failing... Continue Reading

To bring a tenable loss of consortium claim, a plaintiff must show: 1) a sufficiently close relationship with the injured party and, 2) plaintiff’s distress was foreseeable. Wachocki v. Bernalillo County Sheriff’s Dep’t, 2011-NMSC-039, ¶5. Several factors are relevant in determining whether a sufficiently close relationship existed to bring a loss of consortium claim. These factors include... Continue Reading

Under New Mexico’s Tort Claims Act, the government is generally immune from tort claims while acting in the scope of public duty. See NMSA 1978 § 41-4-4 (1978). Immunity is waived, however, when plaintiff’s damage iscaused: (1) by a public employee’s negligence; (2) acting within the scope of their duties; (3) in the operation or maintenance of;... Continue Reading