This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.
Facts
A public school employee, while using a school-owned vehicle at his New Mexico home, accidentally ran over and killed a minor. The deceased's family sued the employee's estate for negligence and wrongful death, alleging the employee's liability and that of his liability carrier for refusing to negotiate a good faith settlement (paras 2-3).
Procedural History
- District Court, October 3, 2001: Dismissed claims against the liability carrier, Arizona School Risk Retention Trust, Inc., citing sovereign immunity and failure to comply with Arizona's notice-of-claim statute (para 3).
- District Court, June 17, 2002: Granted summary judgment to the employee's estate, holding that the claims were barred by the statute of limitations under both Arizona and New Mexico law (para 5).
Parties' Submissions
- Plaintiffs-Appellants: Argued that New Mexico law, including its three-year statute of limitations for torts, should apply because the injury occurred in New Mexico. They contended that neither Arizona law nor the New Mexico Tort Claims Act was applicable (paras 4-5).
- Defendants-Appellees (Estate): Asserted that the claims were time-barred under both Arizona's one-year statute of limitations for public employees and New Mexico's two-year statute under the Tort Claims Act. They argued that the employee was a public employee acting within the scope of his duties (para 4).
Legal Issues
- Was the dismissal of claims against the liability carrier, Arizona School Risk Retention Trust, Inc., proper?
- Did the district court err in applying the statute of limitations under Arizona or New Mexico law to bar the claims against the employee's estate?
Disposition
- The dismissal of claims against the liability carrier was affirmed.
- The grant of summary judgment to the employee's estate was reversed (paras 17-18).
Reasons
Per Roderick T. Kennedy J. (Celia Foy Castillo and Michael E. Vigil JJ. concurring):
Dismissal of the Trust: The October 3, 2001, order dismissing the Trust was a final judgment. Plaintiffs failed to timely appeal this order, and their arguments for delaying the appeal lacked merit. The court lacked jurisdiction to review the dismissal (paras 6-10).
Statute of Limitations: The district court erred in applying Arizona's one-year statute of limitations and New Mexico's two-year Tort Claims Act limitations period. Arizona law was inapplicable because New Mexico, as the forum state, was not required to recognize Arizona's sovereign immunity or limitations period. The New Mexico Tort Claims Act did not apply because the employee was not a public employee under New Mexico law (paras 13-14).
Applicable Law: New Mexico's three-year statute of limitations for torts applied, as the injury occurred in New Mexico. The plaintiffs filed their claims within this period, making the district court's application of a shorter limitations period incorrect (paras 15-16).