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Pemberton v. Cordova

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eBook details

  • Title: Pemberton v. Cordova
  • Author : New Mexico Court of Appeals
  • Release Date : January 05, 1987
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 51 KB

Description

Plaintiffs filed a damage action for personal injuries resulting from an incident where defendant Theresa Cordova, a student, allegedly struck and injured plaintiff JoElla Lynn Pemberton, also a student, while on school property. The suit named both Cordova and Moriarty Municipal Schools as defendants. Defendant Moriarty Municipal Schools argued that it could not be sued under the New Mexico Tort Claims Act, NMSA 1978, Sections 41-4-1 to -29 (Repl. 1986). The trial court denied defendants motion to dismiss because it believed NMSA 1978, Section 22-10-5(D) (Repl.1986), imposed a duty on the school administration that superseded the Tort Claims Act.


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