Judge rules Bernalillo Public Schools must pay student's family $800K

BERNALILLO — A judge has ruled that Bernalillo Public Schools must pay a former high school student’s family the maximum amount of damages under the law following a summer jury trial that found the district’s negligence contributed to the student’s injuries sustained in a school fight.

Thirteenth Judicial District Court Judge Allison Martinez ordered Sept. 15 that Richard and Valerie Ortiz, the parents of a former Bernalillo High School student, are entitled to $800,000 — the statutory cap for liability of public institutions under the New Mexico Tort Claims Act.

Acknowledging the judgment, BPS spokesperson JoAnn Beuerle said in an email that the New Mexico Public Schools Insurance Authority will begin processing the payment for the family.

The sum stands in contrast to the $1.8 million jury verdict, which came after jurors found that BPS was negligent in October 2023, when it failed to stop a student accused of harassing and later beating the Ortiz family’s daughter. According to the verdict form, the jury found BPS 92% responsible for negligence, the family 6% responsible, and a school resource officer 2% responsible. However, the jury rejected the family’s claim that BPS violated Valerie Ortiz’s right to due process under the law, the form stated.

On Aug. 15, Martinez confirmed the jury’s verdict but ordered the family only be given $800,000, citing the cap.

Days later, BPS challenged that amount, arguing that despite the cap, the district should only have to pay $736,000 because “the parties in the form of judgment submitted to the court failed to account for the comparative negligence findings of the jury.”

In a court filing, the family argued the school district’s motion should be dismissed because the state’s tort claims law only applies to caps on liability, not jury verdicts. Martinez then denied BPS’s motion.

Paul Melendres, the family’s attorney, said he had no comment because he has not been informed of the payment.