[DOWNLOAD] "Caillouette V. Hercules Inc." by New Mexico Court of Appeals # eBook PDF Kindle ePub Free
eBook details
- Title: Caillouette V. Hercules Inc.
- Author : New Mexico Court of Appeals
- Release Date : January 17, 1992
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
Plaintiff appeals the directed verdict granted to Defendants Archibeque and the Department of Public Safety (Department) (collectively Defendants) in her action for wrongful death, and Defendants have cross-appealed the denial of motions for judgment on alternative grounds. Plaintiff asks us to reverse the trial court's decision that the New Mexico Tort Claims Act does not contain a relevant waiver of immunity. She relies on NMSA 1978, Sections 41-4-5, -6, and -12 (Repl. Pamp. 1989). Issues raised in the docketing statement but not briefed are deemed abandoned. State v. Fish, 102 N.M. 775, 701 P.2d 374 (Ct. App. 1985). Defendants ask us to hold that the trial court erred in denying the Department judgment on the alternative ground that it did not receive timely notice of Plaintiff's claim as required by NMSA 1978, Section 41-4-16 (Repl. Pamp. 1989), and in denying Defendants judgment on the alternative grounds that there was no violation of any duty owed Plaintiff's decedent, and there was a lack of proximate cause. Because several relevant opinions were filed by both the supreme court and this court while this case was pending on appeal, we requested supplemental briefs and also heard oral argument. We now affirm on the ground that none of the three sections on which Plaintiff relies provides a waiver of immunity for the claims she has stated. We do not address the issues raised by the cross-appeal.