2019 New Mexico Statutes
Chapter 41 - Torts
Article 4 - Tort Claims
Section 41-4-21 - Application of act.

The provisions of the Tort Claims Act shall not affect the provisions of any personnel act, any rules or regulations issued thereunder or any other provision of law governing the employer-employee relationship.

History: 1953 Comp., § 5-14-19, enacted by Laws 1976, ch. 58, § 19; 1977, ch. 386, § 16.

Emergency clauses. — Laws 1977, ch. 386, § 23 contained an emergency clause and was approved April 8, 1977.

Purpose of section. — This section was designed to preserve employment relations between the state, or a subdivision thereof, and its employees. It may not be read to expand Subsection A of 41-4-4 NMSA 1978 and to provide a waiver of immunity to allow an educational malpractice action against a public school board. Rubio ex rel. Rubio v. Carlsbad Mun. School Dist., 1987-NMCA-127, 106 N.M. 446, 744 P.2d 919.

Asserting immunity for first time in supreme court permissible. — The right to assert sovereign immunity may be raised for the first time in the supreme court. Sangre de Cristo Dev. Corp., Inc. v. City of Santa Fe, 1972-NMSC-076, 84 N.M. 343, 503 P.2d 323, cert. denied, 411 U.S. 938, 93 S. Ct. 1900, 36 L. Ed. 2d 400 (1973), overruled in part by Hicks v. State, 1975-NMSC-056, 88 N.M. 588, 544 P.2d 1153.

Law reviews. — For survey, "Torts: Sovereign and Governmental Immunity in New Mexico," see 6 N.M. L. Rev. 249 (1976).

Am. Jur. 2d, A.L.R. and C.J.S. references. — Res ipsa loquitur as applicable in actions for damage to property by the overflow or escape of water, 91 A.L.R.3d 186.

Products liability: air guns and BB guns, 94 A.L.R.3d 291.