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Hicks v. State | 554 P.2d 1153 (1975)

Sovereign immunity is a longstanding common-law doctrine, which says that nobody can sue a sovereign state in its own courts without its consent and permission. The New Mexico Supreme Court considered the possibility of abolishing this doctrine as a defense to tort liability in the nineteen seventy-five case Hicks versus State.

Ron Hicks lost his wife and daughter in a tragic accident that happened when a school bus and cattle truck collided on a narrow bridge, which had been constructed and maintained by New Mexico’s state highway department.

Hicks filed a wrongful-death lawsuit in New Mexico state court, accusing the state highway department of negligence. The department moved to dismiss the lawsuit, citing the doctrine of sovereign immunity. The trial court granted the department’s motion, reasoning that sovereign immunity was a longstanding common-law doctrine that could only be changed or abolished by legislative action. Hicks appealed to the New Mexico Supreme Court.

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