Legal Opinion

Baldwin v. Worley Mills, Inc.

New Mexico Court of Appeals

Decided January 26, 1981No. 4494PublishedCited by 7 opinions

1Opinion of the Court

OPINION

HERNANDEZ, Judge.

Plaintiff sought to recover for the wrongful death of Daniel Baldwin, defendant’s employee. The district court denied defendants’ motion to dismiss, treating it as a motion for summary judgment upon introduction of affidavits. The court concluded that defendant Worley Mills failed to comply with the mandatory filing requirements of the New Mexico Workmen’s Compensation Act, § 52-1-4, N.M.S.A. 1978, and so plaintiff was entitled to proceed with his common law action. Defendant brought this interlocutory appeal. .We reverse.

Section 52-1-4, supra, provides in part:

Every…

2Cases cited8 opinions

  1. Goodman v. Brock Ex Rel. Estate of BrockNew Mexico Supreme Court · 1972
  2. Mascarenas v. KennedyNew Mexico Supreme Court · 1964
  3. American Tank & Steel Corp. v. ThompsonNew Mexico Supreme Court · 1977
  4. Boggs v. D & L CONSTRUCTION COMPANYNew Mexico Supreme Court · 1963
  5. Security Trust v. SmithNew Mexico Supreme Court · 1979

3 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Vaughn v. United Nuclear Corp.New Mexico Court of Appeals · 1982
  2. Portales National Bank v. BellinNew Mexico Court of Appeals · 1982
  3. Valenzuela v. SingletonNew Mexico Court of Appeals · 1982
  4. Peterson v. Wells Fargo Armored Services Corp.New Mexico Court of Appeals · 2000
  5. Shores v. Charter Services, Inc.New Mexico Supreme Court · 1987

2 more not listed; retrieve them via the Exa API.

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