Rickerson v. STATE OF NM & CITY OF ROSWELL , 94 N.M. 473 ( 1980 )

HERNANDEZ, Judge

(dissenting).

I respectfully dissent.

Section 41 — 4-ll(B)(l), N.M.S.A.1978, grants governmental entities immunity from liability for damages caused by “a defect in plan or design of any . highway, roadway . . . ”. The decision to install or not to install traffic controls or warning devices is a primary part of the plan or design of a highway. Its direct purpose is to “facilitate the use or flow of traffic” upon the highway or roadway. City of Albuquerque v. Redding, supra. It is my opinion that the Appellees are immune from liability as a matter of law, and that summary judgment was properly granted.