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ARMIJO v. DEPARTMENT OF HEALTH AND ENV.

No. 10164.

775 P.2d 1333 (1989)

108 N.M. 616

Dolores ARMIJO, Individually and as Personal Representative of the Estate of James Fray Saulsberry, and as next friend of Erin Armijo Saulsberry, a minor, Plaintiff-Appellant, v. The DEPARTMENT OF HEALTH AND ENVIRONMENT of the State of New Mexico, Defendant-Appellee.

Court of Appeals of New Mexico.

May 23, 1989.

Attorney(s) appearing for the Case

Tanya L. Scott, Ortega and Snead, P.A., Albuquerque, for plaintiff-appellant.

Clifford M. Rees, Sp. Asst. Atty. Gen., Office of General Counsel, Health and Environment Dept., Santa Fe, James P. Lyle, Butt, Thornton and Baehr, P.C., Albuquerque, for defendant-appellee.

OPINION

MINZNER, Judge.

Plaintiff appeals the trial court's grant of summary judgment in favor of defendant Health and Environment Department (HED). Plaintiff raises two issues of first impression under the New Mexico Tort Claims Act (the Act), NMSA 1978, Sections 41-4-1 to 41-4-29 (Repl. 1986 & Cum.Supp. 1988).1 These are: (1) whether, by virtue of an extensive regulatory scheme, HED employees are public employees who "operated...

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