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Gallegos v. Trujillo8/5/1992
DONNELLY, Judge.
Plaintiffs Nieves Gallegos, as Personal Representative of the Estate of Barbara D. Gallegos, Joshua Nieves Gallegos, and Baby Doe Gallegos, and Elmer Vigil, as Personal Representative of the Estate of Judy Ann Vigil, appeal from an order granting summary judgment and dismissing their wrongful death claims against Defendant Board of County Commissioners of Mora County (Board). The central issue presented on appeal is whether the Board was legally obligated to provide ambulance services in Mora County and whether its
alleged negligent breach of such duty proximately contributed to the deaths of Plaintiffs' decedents. We hold that the Board's immunity from suit was not waived and affirm the district court's order.
FACTS
This case arises out of an automobile collision which occurred in the early evening hours of February 14, 1986, near the town limits of Mora, in Mora County. The vehicle in which Plaintiffs' decedents were riding attempted to make a U-turn and was struck by a pickup truck driven by Defendant Dennis Trujillo. Plaintiffs' second amended complaint alleged, inter alia, that the Board "had a legal duty . . . to maintain ambulance service" to the residents of Mora County, including decedents; that the Board was "negligent in failing to provide ambulance service"; and that as a "direct and proximate result of the negligence" of the Board, Plaintiffs' decedents died.
The Board's answer denied the existence of any duty or obligation and denied any negligence or that its acts or omissions proximately caused the deaths of decedents. The evidence was conflicting as to whether the delay in transporting decedent, Barbara D. Gallegos, from the accident scene to the hospital in Las Vegas proximately contributed to her death. Dr. Cordell Halverson testified by deposition that within a reasonable medical probability, delay in reaching the hospital was a contributing factor in the deaths of Barbara D. Gallegos and her unborn child.
It was undisputed that the Board had assisted in providing ambulance services for Mora County since 1977 and had leased an ambulance owned by the Board to Mora Valley Community Health Services, Inc. (MVCHS), a private nonprofit corporation, which operated a clinic and ambulance services in Mora County. During 1985 the Board provided approximately $4,000 in funding to MVCHS to operate the ambulance service. Prior to the fiscal year beginning July 1, 1985, MVCHS notified the Board that the sum of $4,000 would be insufficient to permit it to continue operation of the ambulance service, and in December 1985 MVCHS advised the Board that ambulance services in the county would be terminated unless additional funds were made available. On January 3, 1986, MVCHS stopped providing ambulance services. In an attempt to restore such service, several weeks later on January 28, 1986, the Board obtained approval for additional funding from the New Mexico Department of Finance and Administration; however, the Board did not obtain a warrant authorizing payment of the funds until March 6, 1986.
The Board moved for summary judgment and dismissal of Plaintiffs' claims against it, contending, among other things, that it was entitled to dismissal as a matter of law because the Board had no legal duty or obligation to provide ambulance services at the time of the accident and that it was immune from liability for Plaintiffs' claims under the Tort Claims Act, NMSA 1978, ยงยง 41-4-1 to -27 (Repl. Pamp. 1989). Following a hearing, the district court granted the Board's motion and denied Plaintiffs' motion for reconsideration.
ISSUE
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