This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.
Facts
The Plaintiff, while operating her electric wheelchair on a street in Tucumcari, was struck by an automobile. She alleged that she was forced to use the street because the City of Tucumcari failed to install wheelchair ramps at intersections and neglected to maintain its sidewalks in a safe condition. The Plaintiff settled her claim against the driver of the automobile and pursued a claim against the City for negligence (paras 1, 9).
Procedural History
- District Court of Quay County: Granted summary judgment in favor of the City of Tucumcari, dismissing the Plaintiff's claims with prejudice (para 10).
Parties' Submissions
- Plaintiff-Appellant: Argued that the City was negligent in failing to install wheelchair ramps at intersections and in failing to maintain sidewalks in a safe condition, forcing her to use the street where she was struck by a vehicle. She relied on the City's common-law duty of care, the White Cane Law, and statutory provisions requiring ramps when curbs are constructed or remodeled (paras 3-4, 9).
- Defendant-Appellee: Contended that it had no duty to install wheelchair ramps because the curbs in question were constructed before the relevant statute was enacted and had not been remodeled. The City also argued that it was immune from liability under the New Mexico Tort Claims Act for failing to construct ramps (paras 5-6).
Legal Issues
- Did the City of Tucumcari have a duty to install wheelchair ramps at intersections, and if so, is it immune from liability under the New Mexico Tort Claims Act?
- Did the City of Tucumcari breach its duty to maintain sidewalks in a safe condition, and is it liable for the Plaintiff's injuries?
Disposition
- The Court affirmed the summary judgment in favor of the City regarding the claim for failure to install wheelchair ramps (para 12).
- The Court reversed the summary judgment regarding the claim for failure to maintain sidewalks and remanded the matter for further proceedings (para 12).
Reasons
Per Hartz CJ (Wechsler and Armijo JJ. concurring):
Wheelchair Ramps: The Court held that the City was immune from liability for failing to install wheelchair ramps under the New Mexico Tort Claims Act. The Act waives immunity for maintenance but not for construction or reconstruction of infrastructure. The addition of ramps constitutes a structural change, not maintenance, and is therefore immunized. The statutory requirement to install ramps applies only when curbs are constructed or remodeled, which was not the case here (paras 6-8).
Sidewalk Maintenance: The Court found that the Plaintiff's claim regarding the City's failure to maintain sidewalks in a safe condition was not addressed by the City in its motion for summary judgment or in its arguments on appeal. As a result, the Court reversed the summary judgment on this issue, allowing the claim to proceed (paras 9-11).