Posted at: 02/01/2013 7:41 AM
Updated at: 02/01/2013 9:32 AM
By: The Associated Press
SANTA FE, N.M. (AP) - The Supreme Court has ruled that the family of a couple killed in a 2004 head-on collision near Los Alamos can sue the state Transportation Department for failing to install center lane barriers on NM 502.
The high court overturned the Court of Appeals, which had ruled the agency was immune from such lawsuits. But the high court says the department is responsible for maintaining highways, and keeping roads safe is part of that duty.
The lawsuit argued that the state had previously been warned of the dangers of the winding section of the mountainous road that leads in and out Los Alamos.
The court ordered a new trial for the family of Donald Espinoza and his pregnant wife Amelia Martinez, who were killed in the collision with Anthony Griego.
Griego also died.
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