The immunity granted pursuant to Subsection A of Section 41-4-4 NMSA 1978 does not apply to liability for damages resulting from bodily injury, wrongful death or property damage caused by the negligence of public employees while acting within the scope of their duties in the operation or maintenance of any motor vehicle, aircraft or watercraft.
§ 41-4-5 NMSA 1978
Liability; operation or maintenance of motor vehicles, aircraft and watercraft
Known as the Tort Claims Act
The act spans §§ 41–41 (31 sections).
Applied in 2 court decisions — leading case 730 F. Supp. 373 - Dimas v. County of Quay, NM (1990)
Most recently applied in Gallegos v. Bernalillo County Board of County Commissioners (September 2017)
1953 Comp., § 5-14-5, enacted by Laws 1976, ch. 58, § 5; 1977, ch. 386, § 4.
Official source: NMOneSource (New Mexico Compilation Commission). Reproduced from public-domain New Mexico statutes; confirm against the official source for the current text. Not legal advice.