[DOWNLOAD] "Celaya V. Hall" by In the Supreme Court of the State of New Mexico ~ Book PDF Kindle ePub Free
eBook details
- Title: Celaya V. Hall
- Author : In the Supreme Court of the State of New Mexico
- Release Date : January 29, 2004
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
¶1 Lin Hall ("Defendant") appeals from an opinion of the Court of Appeals reversing a grant of summary judgment entered in his favor. The Court of Appeals found genuine issues of material fact concerning two issues arising under the Tort Claims Act: (1) whether Defendant, a volunteer chaplain for the Bernalillo County Sheriff's Department ("the Department"), was a public employee, and if so, (2) whether Defendant was acting within the scope of his duties when he ran over the foot of Plaintiff Celaya with his automobile while driving in the parking lot at Wal-Mart. Celaya v. Hall, 2003-NMCA-086, 134 N.M. 19, 71 P.3d 1281. We reverse in part, holding as a matter of law that Defendant was a public employee at the time of the incident. We also affirm in part, agreeing with the Court of Appeals that a genuine issue of fact exists for the fact finder to decide whether Defendant was acting within the scope of his duties at the time of the incident.