NMSC: Tort Claims Act waives sovereign immunity for loss of consortium claims

Today the New Mexico Supreme Court issued its decision in Thompson v. City of Albuquerque, holding that the Tort Claims Act waives the state government’s sovereign immunity for loss of consortium claims. The case was brought by the minor children of a man who was shot and killed by Albuquerque police.

Justice Chávez’s opinion for the unanimous court also holds that the children may assert their loss of consortium claim although their father’s estate did not file a wrongful death claim.

The Supreme Court’s decision affirms last year’s Court of Appeals decision in this case, which reached the same conclusion.

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