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FOLZ v. STATE

No. 18029.

797 P.2d 246 (1990)

Dorothy M. FOLZ, as Personal Representative of Sylvester C. Folz, Deceased, Steve D. Folz, Deceased, Dorothy M. Folz, Individually, and Rita Garcia, as Personal Representative of the Estate of Leo L. Garcia, Deceased, Petitioners, v. The STATE of New Mexico and the New Mexico Highway Department, an Agency, Respondents.

Supreme Court of New Mexico.

August 8, 1990.

Attorney(s) appearing for the Case

Louis Marjon, Albuquerque and James P. Cunningham, Phoenix, Ariz., for petitioners.

Civerolo, Hansen & Wolf, William P. Gralow, Gallagher & Casados, J.E. Casados, and Butt, Thornton & Baehr, J. Duke Thornton, Albuquerque, for respondents.

Carpenter & Goldberg, William H. Carpenter and Michael B. Browde, Albuquerque, for amicus curiae New Mexico Trial Lawyers Ass'n.

Atwood, Malone, Mann & Turner, Steven L. Bell, Roswell, for amicus curiae New Mexico Defense Lawyers Ass'n.

Simons, Cuddy & Friedman, Charlotte H. Hetherington, Santa Fe, for amicus curiae Risk Management.

OPINION

RANSOM, Justice.

This wrongful death and personal injury action was brought against the state and its agency, the Highway Department, and against Slurry Seal, Inc., a highway construction company. Plaintiffs claimed that negligence in the control of traffic at a mountain-site construction project contributed to deaths and injuries from a runaway truck driven by Enrique Peters. A verdict of $651,686.85 was...

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