On 6/11/2018 we received your public records request for the following records:
lease accept this correspondence as Richard Padgett's Tort Claims Notice, pursuant to §41-4-16 NMSA 1978. On May 29, 2018, at approximately 9:30 a.m., Richard Padgett tripped and fell on an unsafe, unlevel and raised sidewalk as he walked north on a pedestrian overpass on Juan Tabo, where it crosses over Interstate 40. The specific overpass is on the westside of Juan Tabo, where it crosses over Interstate 40.
As a result, Richard Padgett suffered serious injuries and incurred damages. Please accept this correspondence, as our notice to you of Richard Padgett's claims for damages in this matter, pursuant to §41-4-16 NMSA 1978.
Please also accept this correspondence as our demand that all evjdence, including but not limited to video and audio recordings, documents, photographs, statements (whether recorded by audio, video or written or typed) reports, invoices, measurements, work orders, and any and all other items or documents related to the May 29, 2018 trip and fall and the location (pedestrian overpass on Juan Tabo over l-40) be preserved. Failure to preserve this evidence will constitute spoliation of evidence and may warrant sanctions before the Court.
Please forward this notice to the appropriate individual that will be handling Mr. Padgett's claim in this matter.
This communication will confirm our completion of your request. We have searched for responsive records and not been able to locate or identify any records. As a result, there are no responsive records related to your request that are maintained by my office. My office will now close your public records request.
The non-public records you are requesting from the Albuquerque Fire Department cannot be provided to you in this system. Mr. Tapia sent the process to retrieve those records via email in outlook.
Please let me know if you have any questions.
- Kathleen Oney