July 2, 2020- Rita West v. Bernalillo County Board of Commissioners, No. A-1-CA-38599

Corrections to this opinion/decision not affecting the outcome, at the Court’s discretion, can occur up to the time of publication with
NM Compilation Commission. The Court will ensure that the electronic version of this opinion/decision is updated accordingly in
Odyssey.
IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO	1
RITA WEST, INDIVIDUALLY AND AS	2
PERSONAL REPRESENTATIVE OF	3
THE ESTATE OF ROBERT NELSON	4
WEST,	5
Plaintiff-Appellant,	6
v. 	NO. A-1-CA-38599	7
BERNALILLO COUNTY BOARD	8
OF COMMISSIONERS, FIRE AND	9
RESCUE DEPARTMENT #43, and	10
BERNALILLO COUNTY FIRE AND	11
RESCUE DEPARTMENT #46,	12
Defendants-Appellees.	13
APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY	14
Clay Campbell, District Judge	15
Rita West	16
Edgewood, NM	17
Pro Se Appellant	18
Kennedy, Moulton & Wells, P.C.	19
Deborah Denise Crow Wells	20
Albuquerque, NM	21
for Appellees	22
Court of Appeals of New Mexico
Filed 7/2/2020 9:37 AM

2
MEMORANDUM OPINION	1
VARGAS, Judge.	2
{1} 	Plaintiff appeals following the dismissal of her complaint. We previously issued	3
a notice of proposed summary disposition, in which we proposed to affirm. Plaintiff	4
has filed a memorandum in opposition. After due consideration, we remain	5
unpersuaded. We therefore uphold the disposition rendered below.	6
{2} 	The background information and relevant principles of law have previously been	7
set forth. We will avoid undue reiteration here, and focus instead on the content of the	8
memorandum in opposition.	9
{3} 	Plaintiff continues to advance a variety of questions of fact relating to the	10
circumstances surrounding her husband’s death. [Unnumbered MIO 1-4] However,	11
the issue presented both at the district court level and on appeal is whether Plaintiff’s	12
complaint was sufficient, as a matter of law, to state a claim. For the reasons described	13
in the notice of proposed summary disposition, it was not. [CN 2-5] We find nothing	14
in the memorandum in opposition which would support a different result. We therefore	15
conclude that the complaint was properly dismissed.	16
{4} 	Accordingly, for the reasons stated in our notice of proposed summary	17
disposition and above, we affirm.	18

3
{5} 	IT IS SO ORDERED.	1
__________________________________	2
JULIE J. VARGAS, Judge	3
WE CONCUR:	4
_________________________________	5
JENNIFER L. ATTREP, Judge	6
_________________________________	7
BRIANA H. ZAMORA, Judge	8