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Cobos v. Dona Ana County Housing Authority12/3/1998
ct are precisely the same as the Legislature's objective in the building waiver--to help ensure that Authority employees administer housing projects with ordinary care. See also (" t should be remembered that the policy behind the law of torts does more than compensate victims-it encourages reasonable safeguards against the risk of harm."). Defendants' duties affecting Plaintiff's home were precisely the type of activity for which immunity was waived by the Legislature. Compare n.1 (the Authority's obligation to maintain the common premises of a housing project consistent with the Section 41-4-6-waiver) with ) (no connection between animal control officer's duties and goal of Section 41-4-11(A) to keep highways safe for the traveling public).
IV. Conclusion
{20} We hold that Section 41-4-6 applies to "any building," public or private, that public employees have a duty to operate and maintain with ordinary care. The Authority employees had duties of operation and maintenance of this home as part of their control of a housing project. Therefore, we reverse and remand for further proceedings as to the individual defendants. We affirm the dismissal of Plaintiff's claims against the governmental defendants, however, because we declined to grant certiorari on the question of notice, and therefore the Court of Appeals decision on that question stands.
{21} IT IS SO ORDERED.
DAN A. McKINNON, III, Justice
WE CONCUR:
GENE E. FRANCHINI, Chief Justice
JOSEPH F. BACA, Justice
PAMELA B. MINZNER, Justice
PATRICIO M. SERNA, Justice
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