“the liability envisioned by [§ 41-4-6] is not limited to claims caused by injuries occurring on or off certain ‘premises,’ as the words ‘machinery’ and ‘equipment’. reveal.” Cobos v. Doña Ana Cnty. Hous. Auth., 1998-NMSC-049, ¶ 9, 126 N.M. 418, 970 P.2d 1143. Section 41-4-6 “contemplates waiver of immunity where due to the alleged negligence of public employees an injury arises from an unsafe, dangerous, or defective condition on property owned and operated by the government.” Bober v. N.M. State Fair, 111 N.M. 644, 653, 808 P.2d 614, 623 (1991) (citations omitted) (internal quotation marks omitted). New Mexico courts have found that the waiver of immunity in § 41-4-6 does not extend to negligent supervision, see Pemberton v. Cordova, 105 N.M. 476, 478, 734 P.2d 254, 256 (Ct.App.1987) (<HOLDING>), negligent design, see Rivera v. King, 108
holding variance between the specific injury alleged in the indictment and the evidence at trial was not fatal where it was only necessary to allege under nc gen stat  143184a that the defendant caused serious injury and the actual injury alleged was surplusage holding that immunity is not waived for injury or death caused by negligent supervision holding that the new mexico school district and their governing boards are not arms of the state entitled to eleventh amendment immunity holding that content of bulletin boards was government speech in that boards were used to express school policy that access was limited to faculty and staff that postings were subject to the oversight of the school principals that the school district had made no affirmative effort to disclaim responsibility for the boards content and that the boards were the property and responsibility of the school and the district holding that the nmtca did not waive the school boards immunity under the nmtca where there was a claim only of negligent supervision and when a fight between students not a physical defect of the premises caused the injury