1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO MARCELINO REYES, 3 Plaintiff-Appellant, v. No. 28,502 STATE OF NEW MEXICO DEPARTMENT OF TRANSPORTATION, 7 Defendant-Appellee.

8 APPEAL FROM THE DISTRICT COURT OF SANTA FE COUNTY James A. Hall, District Judge Donald R. Sears Jr. Albuquerque, NM for Appellant Montgomery & Andrews PA Holly Agajanian Santa Fe, NM for Appellee 17 MEMORANDUM OPINION SUTIN, Judge.

19 Summary affirmance was proposed for the reasons stated in the notice of proposed summary disposition. No memorandum opposing summary affirmance has been filed and the time for doing so has expired.

22 AFFIRMED.

1 IT IS SO ORDERED.

2 __________________________________ 3 JONATHAN B. SUTIN, Judge

4 WE CONCUR:

5 _________________________________ CELIA FOY CASTILLO, Judge

7 _________________________________ MICHAEL E. VIGIL, Judge