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Sam v. Estate of Sam12/12/2003
Plaintiffs appeal the district court's order granting Arizona School Risk Retention Trust, Inc.'s (the Trust) motion to dismiss and its later order granting summary judgment to the Estate of Benny Sam, Jr. (the Estate). Because Plaintiffs did not timely appeal the district's order dismissing the Trust, we affirm the district court's decision to dismiss the Trust. However, we reverse the order granting summary judgment to the Estate because the district court applied the wrong statute of limitations.
FACTUAL AND PROCEDURAL BACKGROUND
Benny Sam, Jr., (Sam) was employed by the Window Rock Unified School District (the District) in Arizona. On June 26, 1998, with the District's permission, Sam took a vehicle owned by the District to his New Mexico home for the weekend. On June 27, 1998, as Sam was backing out of his driveway to unblock his personal car, he ran over and killed Tyler Dexter Sam (Tyler). Since Sam died prior to filing suit, Plaintiffs brought suit against his Estate alleging that Sam was negligent in the operation of the vehicle. Filed on June 26, 2001, the complaint alleges that Sam caused the death of Tyler due to negligent operation of a motor vehicle and is liable for damages caused by the wrongful death. Additionally, Plaintiffs allege that the Trust, as Sam's liability carrier, is also liable for the damages. Lastly, Plaintiffs allege that the Trust refused to negotiate a good faith settlement of Plaintiffs' claims and should be liable for damages caused by such refusal.
On August 2, 2001, the Trust filed a motion to dismiss Plaintiffs' claims with prejudice for failure to state a claim upon which relief could be granted and for failure to file within the statute of limitations provided by Arizona law. On October 3, 2001, the district court granted the Trust's motion to dismiss, concluding that because the Trust is a non-profit corporation funded solely by members of the Arizona Public School District, it is a public entity as defined under Arizona law and therefore has sovereign immunity from suit. Because Plaintiffs "failed to comply with Arizona's notice-of-claim statute with regard to claims against public entities" the complaint was dismissed. The Plaintiffs did not properly appeal this order.
On March 14, 2002, pursuant to Rule 1-056 NMRA 2003, the Estate filed a motion for summary judgment, contending that it was "entitled to judgment as a matter of law on the ground that plaintiffs' complaint barred by the statute of limitations." In its brief in support of its motion, the Estate argued that Sam was an Arizona public employee acting within the scope of his duties when he ran over Tyler, and that actions against Arizona public employees must be brought within one year after the cause of action accrues under Arizona law. In addition to arguing that Plaintiffs' complaint was barred under Arizona law, the Estate also contended that under New Mexico's Tort Claims Act, NMSA 1978, ยง 41-4-15(A) (1977), actions against public employees must be brought within two years after the date of the occurrence resulting in death. Therefore, the Estate maintained that because the complaint was filed approximately three years after the occurrence resulting in Tyler's death, the claim was time barred under both the Arizona and New Mexico statutes of limitations. Plaintiffs contended then, as they do now, that both Arizona law and the New Mexico Tort Claims Act are inapplicable to this case. Plaintiffs maintain that because the injury occurred in New Mexico, New Mexico law should apply to this case, and as such, the "action was [timely] brought within the applicable three-year New Mexico statute of limitation for torts."
On May 1, 20
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