Recently, a state appellate court issued an interesting opinion in a personal injury case discussing an issue that frequently arises in New Mexico personal injury cases that are filed against government agencies or others who allow for the free use of their land. The case presented the court with the issue of whether the defendant city was entitled to immunity in a case filed by a plaintiff who was injured when he struck a pothole while riding his bicycle in a public park.
Ultimately, the court held that the plaintiff failed to establish that the city had knowledge of the pothole, and thus was unable to establish that the city acted “willfully or maliciously.” Thus, the court dismissed the plaintiff’s case.
The Facts of the Case
The plaintiff was riding a bicycle in a park that was maintained by the defendant city. As the plaintiff was riding along a paved path in the park, he struck a pothole and fell of his bike. The plaintiff sustained serious injuries as a result of the fall, and filed a personal injury lawsuit against the city.