[Download] "Upton v. Clovis Municipal School District" by In the Supreme Court of the State of New Mexico ~ eBook PDF Kindle ePub Free
eBook details
- Title: Upton v. Clovis Municipal School District
- Author : In the Supreme Court of the State of New Mexico
- Release Date : January 12, 2006
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 77 KB
Description
1 The Uptons fourteen-year-old daughter, Sarah, died as a result of an asthma attack that occurred while she was at school. The attack began after a substitute physical education teacher required Sarah to participate in a higher level of exercise than normal, even after the school had been notified of her special medical needs. The effects of the attack may have been aggravated when school personnel failed to respond appropriately to her condition of acute distress. The Uptons claim that school personnel acted negligently, causing the death of their daughter, and that such negligence is actionable under the Tort Claims Act (TCA), NMSA 1978, 41-4-1 to -29 (1976, as amended through 2004), being part of the "operation or maintenance" of a public building. See 41-4-6. The district court was not persuaded and granted summary judgment for the school, which the Court of Appeals affirmed. See Upton v. Clovis Mun. Sch. Dist., 2005-NMCA-085, 1, 137 N.M. 779, 115 P.3d 795. We now reverse and remand for further proceedings.