(Download) "Judy Seal V. Carlsbad Independent School District" by New Mexico Supreme Court ~ eBook PDF Kindle ePub Free
eBook details
- Title: Judy Seal V. Carlsbad Independent School District
- Author : New Mexico Supreme Court
- Release Date : January 07, 1993
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 73 KB
Description
This is a wrongful death action brought by Judy Seal as personal representative of the estate of her deceased son, Kevin. Seal appeals from a summary judgment holding that the operation of a swimming pool is an inherently dangerous activity giving rise to strict liability, from which a school district and its employees enjoy statutory sovereign immunity under Section 41-4-4(A) of the Tort Claims Act, NMSA 1978, §§ 41-4-1 to -27 (Repl.Pamp.1989). See also Saiz v. Belen Sch. Dist., 113 N.M. 387, 391, 827 P.2d 102, 106 (1992) (school districts immune under Tort Claims Act from strict liability for inherently dangerous activity). Holding that operation of a swimming pool is not an inherently dangerous activity and that neither of the alternative holdings of the trial court is dispositive, we reverse.