Encinias v. Whitener Law Firm, P.A.

Summary

The New Mexico Supreme Court reversed the Court of Appeals, holding that genuine issues of material fact exist regarding a dangerous condition on the high school premises that could waive sovereign immunity under the Tort Claims Act, making summary judgment on the legal‑malpractice claim inappropriate, and also held that the plaintiff may pursue his misrepresentation claim because fraudulent misrepresentation does not require proof of actual damages.