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IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO No. A-1-CA-38984 RANDALL WALLACE, Plaintiff-Appellee, v. AARON BALDONADO, Defendant, and NEW MEXICO DEPARTMENT OF TRANSPORTATION, Defendant-Appellant.

APPEAL FROM THE DISTRICT COURT OF SANTA FE COUNTY Matthew J. Wilson, District Judge Hinkle Law Offices Cloyd G. Hinkle Warren F. Hire, II Albuquerque, NM for Appellee Walsh Gallegos Treviño Kyle & Robinson PC Barry J. Barenberg Rodney L. Gabaldón Albuquerque, NM for Appellant MEMORANDUM OPINION ATTREP, Judge. {1} 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. {2} AFFIRMED. {3} IT IS SO ORDERED.

JENNIFER L. ATTREP, Judge WE CONCUR: BRIANA H. ZAMORA, Judge SHAMMARA H. HENDERSON, Judge