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Williams v. Central Consolidated School District11/12/1997
BOSSON, Judge.
{1} This opinion is substituted on the Court's own motion for that previously issued. The motion for rehearing is denied. This is a premises liability claim under the Tort Claims Act, NMSA 1978, Section 41-4-6 (1977) for negligent operation or maintenance of a public building by a school district (Defendant). We decide whether suit under the Act is precluded simply because a dangerous condition in the physical premises may have been caused initially by a defective design in the building. We hold that the Act does not afford Defendant immunity, and we reverse the district court's order to the contrary and remand for further proceedings.
BACKGROUND
{2} Plaintiff was a student at Kirtland Middle School in the Central Consolidated School District. In May 1993, he was involved in an altercation with another student in a school hallway. He was pushed, and when he put out his arms to break his fall, Plaintiff's left arm went through a glass window in the hallway severely lacerating his arm at the wrist. The window was not safety glass and had no protective device to shield it.
{3} Approximately six years earlier, during 1987-88, the school building had undergone extensive remodeling. The school district had hired independent contractors, an architect and a contractor, to design and construct an addition to the building. The window in question had originally been part of an exterior wall. As part of the remodeling, the building was expanded so that the window became part of an interior wall separating the school's vocational shop and laboratory from the main hallway. The addition to the school building resulted in increased student traffic in that part of the hallway close to the window. Student lockers were located in the same area and, allegedly, horseplay among students was common.
{4} Plaintiff filed suit against the Defendant school district for negligence "in placing the glass window indoors in that the glass was not shatterproof and there were no adequate guards around the window which would prevent someone from falling through it." The school district responded with a motion for summary judgment claiming immunity under Section 41-4-6 of the Tort Claims Act. After entertaining argument of counsel, Judge Eastburn agreed with the school district's argument and indicated he would find for Defendant. The case was then reassigned, and Judge Thrower signed an order dismissing the case on the basis of Judge Eastburn's ruling.
Discussion
Motion for Summary Judgment
{5} Initially, we note the confusing procedural posture of the court's ruling below. It is clear that Defendant brought a motion for summary judgment accompanied by appropriate factual allegations, depositions, and affidavits. Plaintiff responded, Concurring in the factual representations for purposes of deciding this motion and arguing as a matter of law that Defendant did not have immunity under the Act. Then, shortly before the hearing on the motion, Plaintiff filed a first amended complaint which added the architect and the contractor as defendants and for the first time alleged that Defendant school district "negligently maintained the school building by not identifying and replacing the hazard which they knew or should have known was dangerous to children just as it injured Plaintiff." The parties also took additional depositions shortly before the summary judgment hearing, although it is not clear whether those depositions were before the court at the time of its ruling.
{6} Despite the factual allegations that accompanied Defendant's motion, Judge Eastburn indicated orally from the bench that he would consider the matte
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