These and similar duties, said the justices, are enough to bring the case within the building waiver provision of the Tort Claims Act. The Supreme Court's decision on duty ordinarily would have sent the case back down for trial. With three lives lost, a good deal of money may have been at stake, but because the personal representative missed the 180-day deadline, the Morales case won't go anywhere. Three public employees, of course, remain in the case. However, the trial court probably will dismiss them, too, because sovereign immunity protects employees in much the same way that it protects public bodies.
Limitations mean what they say.
Most of the time, if you miss one, you don't stand a chance. Martin Paskind is an Albuquerque lawyer. His practice emphasizes legal services to small businesses. P.O. Drawer J, Albuquerque, N.M. 87103. This column is not intended to provide legal advice to any specific person, or with respect to any particular problems or situations.