[DOWNLOAD] "Medina v. Fuller" by New Mexico Court of Appeals # Book PDF Kindle ePub Free
eBook details
- Title: Medina v. Fuller
- Author : New Mexico Court of Appeals
- Release Date : January 02, 1998
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
APPEAL FROM THE DISTRICT COURT OF DOA ANA COUNTY JERALD A. VALENTINE, District Judge OPINION {1} The Tort Claims Act defines scope of duties as ""performing any duties that a public employee is requested, required or authorized to perform by the governmental entity, regardless of the time and place of performance."" NMSA 1978, § 41-4-3(G) (1995). Defendant, a DoÑa Ana County Deputy Sheriff, was on her way home from work on July 2, 1993, in her sheriff's assigned, unmarked police unit when she was in an accident with Plaintiff. Plaintiff's first attorney (not her current attorney) filed suit more than two years after the accident. If Defendant was in the scope of her duties, then the suit was time barred. See NMSA 1978, § 41-4-15(A) (1977) (Tort Claims Act statute of limitations is two years). The trial court ruled as a matter of law that Defendant was in the scope of her duties and granted summary judgment for Defendant. Plaintiff appeals, and we affirm. FACTS
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