Certiorari Granted, No. 29,226, July 1, 2005 OPINION {1} Section 41-4-6 of the Tort Claims Act, NMSA 1978, §§ 41-4-1 to 41-4-27 (1976, as amended through 2004) (TCA), provides a waiver of governmental immunity when damages flow from ""the operation or maintenance of any building."" This case requires us to address the ""exceedingly fine"" distinctions drawn by cases decided under this section. See Baca v. State, 1996-NMCA-021, ¶ 12, 121 N.M. 395, 911 P.2d 1199. Plaintiffs' fourteen-year-old daughter, Sarah, an asthmatic, was required by a substitute physical education teacher to continue exercising after she reported that she was having difficulty breathing and wanted to stop exercising. Shortly after the physical education class, she went to her next class, collapsed, and died. According to Plaintiffs, liability results from the school's indifference to Sarah's medical needs, as well as a fifteen-minute delay in calling an ambulance. The district court granted summary judgment, ruling that immunity had not been waived. We affirm. Background {2} In ruling on Defendant's motion for summary judgment, the district court accepted Plaintiffs' view of the facts, as well as the conclusion that Plaintiffs' daughter's death was the result of Defendant's negligence. There was evidence that, at the beginning of the school year, Sarah's mother informed the school of Sarah's asthma through an Individualized Education Plan. Sarah's mother also had spoken with Sarah's regular physical education teacher about the fact that exercise could initiate a potentially life-threatening asthma attack, and they agreed that Sarah would only engage in exercise she could do comfortably and could take breaks if necessary.
