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New Mexico Supreme Court rules Victoria Martens grandparents properly notified city of possible lawsuit

ALBUQUERQUE, N.M.Β (KRQE) – The New Mexico Supreme Court unanimously ruled Thursday that the lawsuit by the grandparents of Victoria Martens sufficiently notified the city of Albuquerque of their plans to sue for damages related to the 2016 death of 10-year-old Victoria.

The Court affirmed a ruling from the Court of Appeals that revived the lawsuit after it had previously been dismissed in district court. The Court concluded that the lawsuit by John and Pat Martens met the requirements of the New Mexico Tort Claims Act of notifying the city about claims for compensation.

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The lawsuit alleges that city police failed to investigate allegations of child abuse involving Victoria. In August 2016, Victoria’s body was found mutilated in a bathtub at her mother’s apartment. Michelle Martens, Jessica Kelley and Fabian Gonzales have all been sentenced for their roles in Victoria’s death.

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