Thompson v. City of Albuquerque

Summary

The New Mexico Supreme Court held that minor children may sue for loss of consortium damages under the Tort Claims Act and may bring that claim even if the parent’s estate did not pursue a wrongful‑death action, because Section 41‑4‑12 waives sovereign immunity for such damages arising from a battery. The court affirmed the Court of Appeals’ reversal of the district court’s dismissal and remanded for further proceedings.