Legal Opinion · Dissent

Romero v. J. W. Jones Construction Co.

New Mexico Court of Appeals

Decided September 21, 1982No. 5770Published

1DissentSutin, Judge

(dissenting).'

I dissent.

I dissent on two grounds: (1) the majority opinion completely disregarded an order of this Court and (2) plaintiff, a minor, is entitled to a common-law tort action against his employer.

A. Depositions made part of record on appeal should be considered.

Plaintiff filed an application for an order allowing an interlocutory appeal from an amended order of the trial court. The application was granted on several terms and conditions. The first requirement was that plaintiff file a transcript of any pleadings and evidentiary material establishing the type of employment in…

2Cases cited14 opinions

  1. Rolin v. . Tobacco Co.Supreme Court of North Carolina · 1906
  2. Whitney-Fidalgo Seafoods, Inc. v. BeukersAlaska Supreme Court · 1976
  3. Ortega v. Salt Lake Wet Wash LaundryUtah Supreme Court · 1945
  4. Rock Island Coal Mining Co. v. GilliamSupreme Court of Oklahoma · 1923
  5. Arvas v. Feather's JewelersNew Mexico Court of Appeals · 1978

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