Hatch, New Mexico Residents File Suit For Storm2006 Damage Alleging Negligence

HATCH, N.M. – Dozens of Hatch residents filed a multi-million dollar lawsuit against several entities whose alleged negligence they say contributed to extreme damage in Storm 2006.

The suit names Dona Ana County, the state of New Mexico and a railroad company as defendants. The fifty different litigants are asking for $3.5 million dollars in property damages, and $10.5 million dollars in punitive damages.

They say it all had to do with maintenance prior to Storm 2006. According to the lawsuit, the County Flood Commission did not respond to residents’ concerns over large amounts of debris in the nearby Placitas Arroyo.

The litigants also say the state of New Mexico also failed to clear debris from around a bridge on Highway 187 near the arroyo and they say railroad company BNSF left old railroad debris around the tracks near the arroyo.

The suit says when Storm 2006 hit, all that extra debris resulted in excessive damage. “Post-Traumatic Stress syndrome, we have that here, because we want to run and look and see ‘what’s the arroyo doing?’ We’re not the same. We don’t have the feeling of confidence and security that we had before,” said Shelley Hayner, one of the litigants involved in the suit.

ABC-7 tried to reach county and state officials about this lawsuit, but have not heard back from anyone.