Hagen v. Faherty

1 The issue in this case is whether the state may be estopped from invoking the statute of limitations in the Tort Claims Act, NMSA 1978, 41-4-15 (1977), when right and justice demand. We hold that it may. Defendant-Appellant Dr. Sean Faherty applied for, and this Court granted, an interlocutory appeal challenging the partial summary judgment granted by the district court that dismissed his affirmative defense asserting the statute of limitations. We affirm.