Court of Appeals of New Mexico

This decision of the New Mexico Court of Appeals was not selected for publication in the New Mexico Appellate Reports.  Refer to Rule 12-405 NMRA for restrictions on the citation of unpublished decisions.  Electronic decisions may contain computer-generated errors or other deviations from the official version filed by the Court of Appeals.

IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO

No. A-1-CA-38599

RITA WEST, INDIVIDUALLY AND AS
PERSONAL REPRESENTATIVE OF
THE ESTATE OF ROBERT NELSON
WEST,

Plaintiff-Appellant,

v.

BERNALILLO COUNTY BOARD
OF COMMISSIONERS, FIRE AND
RESCUE DEPARTMENT #43, and
BERNALILLO COUNTY FIRE AND
RESCUE DEPARTMENT #46,

Defendants-Appellees.

APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY
Clay Campbell, District Judge

Rita West
Edgewood, NM

Pro Se Appellant

Kennedy, Moulton & Wells, P.C.
Deborah Denise Crow Wells
Albuquerque, NM

for Appellees

MEMORANDUM OPINION

VARGAS, Judge.

{1}       Plaintiff appeals following the dismissal of her complaint. We previously issued a notice of proposed summary disposition, in which we proposed to affirm. Plaintiff has filed a memorandum in opposition. After due consideration, we remain unpersuaded. We therefore uphold the disposition rendered below.

{2}       The background information and relevant principles of law have previously been set forth. We will avoid undue reiteration here, and focus instead on the content of the memorandum in opposition.

{3}       Plaintiff continues to advance a variety of questions of fact relating to the circumstances surrounding her husband’s death. [Unnumbered MIO 1-4] However, the issue presented both at the district court level and on appeal is whether Plaintiff’s complaint was sufficient, as a matter of law, to state a claim. For the reasons described in the notice of proposed summary disposition, it was not. [CN 2-5] We find nothing in the memorandum in opposition which would support a different result. We therefore conclude that the complaint was properly dismissed.

{4}       Accordingly, for the reasons stated in our notice of proposed summary disposition and above, we affirm.

{5}       IT IS SO ORDERED.

JULIE J. VARGAS, Judge

WE CONCUR:

JENNIFER L. ATTREP, Judge

BRIANA H. ZAMORA, Judge