# Hicks v. State

> New Mexico Supreme Court · January 19, 1976 · 88 N.M. 588

URL: https://www.frixlaw.com/law-library/cases/9603945

## Case

- **Full name:** Ron E. HICKS, Personal Representative and Administrator of the Estate of Beverly Jan Hicks, Deceased, and Robin E. Hicks, Deceased, Plaintiff-Appellant, v. STATE of New Mexico, State Highway Commission, State Highway Department, State Highway Engineer, DeBaca County and the DeBaca County Commission, Defendants-Appellees
- **Court:** New Mexico Supreme Court
- **Decided:** January 19, 1976
- **Citations:** 88 N.M. 588; 544 P.2d 1153
- **Precedential status:** Published
- **Opinion:** On rehearing
- **Judges:** McManus, Stephenson, Oman, Montoya, Sosa
- **Cited by:** 133 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Superseded by statute, as recognized in Gallagher v. Albuquerque Metropolitan Arroyo Flood Control Authority.
- Negative treatments: 1
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9603945

## How later opinions describe it (automated extraction)

- stating that "[c]ommon law sovereign immunity may no longer be interposed as a defense by the [s]tate, or any of its political subdivisions, in tort actions"

## Opinion text

ORDER ON REHEARING
Defendants-appellees sought and were granted a rehearing limited to the clarification of the Court’s ruling on “modified prospectivity,” as set forth in the original opinion, and secondly, seeking a modification of the opinion so as to apply the ruling prospectively as of July 1, 1976.
The Court having requested briefs and having heard argument on the issues raised at rehearing, by majority vote, is of the opinion that the motion made by the Attorney General is well taken and that the ruling heretofore announced as to prospec-tivity should be modified. The Court accordingly holds that the ruling announced on September 26, 1975, is not to take effect or apply to the case at bar or to any other cause or action in tort against any governmental agency if the alleged tort occurred or occurs prior to July 1, 1976.
Accordingly, the order of the District Court granting the motion to dismiss the State of New Mexico, State Highway Commission and State Highway Department, is affirmed.
This matter is remanded to the District Court of Santa Fe County with instructions to proceed in accordance with the views expressed in this Order on Rehearing.
Entered nunc pro tunc as of January 5, 1976. '
OMAN, C. J., and McMANUS and STEPHENSON, JJ., concur. MONTOYA and SOSA, JJ., dissenting.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9603945. Public record. Not legal advice.