Please E-mail suggested additions, comments and/or corrections to Kent@MoreLaw.Com.
Help support the publication of case reports on MoreLaw
Richard Vanhorn, Sr. v. Carlsbad Municipal School District, et al.
Date: 01-22-2024
Case Number: A-1-CA-39871
Judge: Eileen P. Riordan
Court: District Court, Eddy County, New Mexico
Plaintiff's Attorney:
Click Here For The Best Carlsbad Personal Injury Lawyer Directory
Defendant's Attorney: Jason M. Burnette and Alexander W. Tucker
Description:
Richard Vanhorn Sr., as next friend of his minor child Richard Jr., sued the Carlsbad Municipal School District and Carlsbad Municipal School Board falls under the waiver of immunity (the building waiver) found in the New Mexico Tort Claims Act (TCA), NMSA 1978, §§ 41-4-1 to -27 (1976, amended 2020). The district court granted Defendants' motion for summary judgment which argued that Plaintiffs' "claims amount to a claim of negligent supervision, for which there is no [TCA] waiver." Plaintiffs argue that Defendants' failure to follow school policy created a dangerous condition in the operation of the school and caused Child's injury, and therefore Section 41-4-6 waived Defendants' immunity.
* * *
Vanhorn v. Carlsbad Mun. Sch. Dist., 2024 NMCA 035, A-1-CA-39871 (N.M. App. Jan 22, 2024)
Carlsbad, New Mexico personal injury lawyer represented the Plaintiff.
Richard Vanhorn Sr., as next friend of his minor child Richard Jr., sued the Carlsbad Municipal School District and Carlsbad Municipal School Board falls under the waiver of immunity (the building waiver) found in the New Mexico Tort Claims Act (TCA), NMSA 1978, §§ 41-4-1 to -27 (1976, amended 2020). The district court granted Defendants' motion for summary judgment which argued that Plaintiffs' "claims amount to a claim of negligent supervision, for which there is no [TCA] waiver." Plaintiffs argue that Defendants' failure to follow school policy created a dangerous condition in the operation of the school and caused Child's injury, and therefore Section 41-4-6 waived Defendants' immunity.
* * *
Vanhorn v. Carlsbad Mun. Sch. Dist., 2024 NMCA 035, A-1-CA-39871 (N.M. App. Jan 22, 2024)
Outcome:
Reversed
Plaintiff's Experts:
Defendant's Experts:
Comments:
About This Case
What was the outcome of Richard Vanhorn, Sr. v. Carlsbad Municipal School Distric...?
The outcome was: Reversed
Which court heard Richard Vanhorn, Sr. v. Carlsbad Municipal School Distric...?
This case was heard in District Court, Eddy County, New Mexico, NM. The presiding judge was Eileen P. Riordan.
Who were the attorneys in Richard Vanhorn, Sr. v. Carlsbad Municipal School Distric...?
Plaintiff's attorney: Click Here For The Best Carlsbad Personal Injury Lawyer Directory. Defendant's attorney: Jason M. Burnette and Alexander W. Tucker.
When was Richard Vanhorn, Sr. v. Carlsbad Municipal School Distric... decided?
This case was decided on January 22, 2024.