AI Generated Opinion Summaries

This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.

Facts

• In March 2010, Albuquerque Police Department officers responded to a report of a stolen vehicle in a Walmart parking lot. Mickey Owings, the father of A.O., J.P., and G.G., drove into the lot and parked next to the stolen vehicle. When officers attempted to block Owings' car, he backed into an unmarked police car. Officer Sanchez then shot toward Owings' car, hitting him in the chest. Owings, who was unarmed, drove away but lost consciousness and died from the gunshot wounds (para 2).

Procedural History

• District Court of Bernalillo County: Dismissed the loss of consortium claims filed under the New Mexico Tort Claims Act on behalf of three minors, ruling that the Act did not waive immunity for such claims (para 1).

Parties' Submissions

• Plaintiff: Argued that the City of Albuquerque, Ray Schultz, and Officer Sanchez contributed to Mickey Owings' death through violations of City policy and the law on deadly force, as well as through negligent hiring, training, retaining, failing to discipline, and failing to supervise its officers. The plaintiff filed a complaint for loss of consortium under the Tort Claims Act for the wrongful death of Mickey Owings (para 3).
• Defendants: Argued for dismissal based on failure to comply with the Tort Claims Act’s notice provisions, statute of limitations, insufficiency of the allegations to establish a loss of consortium claim, and the assertion that there is no waiver of immunity under Section 41-4-12 for loss of consortium or negligent hiring or retention claims (para 4).

Legal Issues

• Whether the district court erred in dismissing the loss of consortium claims on the ground that the New Mexico Tort Claims Act does not waive immunity for such claims (para 6).

Disposition

• The Court of Appeals of the State of New Mexico reversed the district court's dismissal of the loss of consortium claims, remanding for further proceedings (para 18).

Reasons

• Per Bustamante, J., with Vigil, C.J., and Garcia, J., concurring, the court found that the district court erred in its interpretation of the New Mexico Tort Claims Act. The appellate court concluded that loss of consortium claims do fall within the waivers of sovereign immunity provided by the Act. The court reasoned that loss of consortium, as a derivative claim, arises from the underlying tortious conduct that caused physical injury or death, and thus, should be considered within the scope of the Act's waiver of immunity for certain torts committed by law enforcement officers. The court disagreed with the district court's conclusion that loss of consortium must be brought together with the claim from which it is derived and that the children themselves must suffer one of the enumerated torts. The appellate court referenced previous case law establishing that loss of consortium damages are recoverable under the Act and that such claims can be pursued separately from the wrongful death action (paras 7-17).