New Mexico Court of Appeals April 4, 2002, No. 21,335 (Rutherford v. Chaves County)

lead-opinion

OPINION

FRY, Judge.

{1} Plaintiffs appeal from summary judgment in favor of Defendant Chaves County based on sovereign immunity. We hold that the County was not immune to suit in this case because the County’s allegedly negligent acts constitute highway maintenance, for which the Tort Claims Act (TCA) waives immunity. Accordingly, we reverse.