Legal Opinion

Merrifield Ex Rel. Merrifield v. Auto-Chlor System

New Mexico Court of Appeals

Decided August 30, 1983No. 7122PublishedCited by 4 opinions

1Opinion of the Court

OPINION

BIVINS, Judge.

Following the award of death benefits to plaintiffs in a workmen’s compensation action, the widow and children of Robert Keith Merrifield petitioned the trial court for a lump-süm award. The court initially ruled the widow entitled to a lump-sum award by reason of remarriage, see NMSA 1978, § 52-l-46(C)(4), but denied it as to the children. On rehearing the court changed its ruling and granted the children lump-sum award. Defendants appeal only the award in favor of the children. We reverse.

The trial court found that the children and the widow live in a home owned and…

2Cases cited5 opinions

  1. Codling v. Aztec Well Servicing Co.New Mexico Court of Appeals · 1976
  2. Livingston v. Loffland Brothers Co.New Mexico Court of Appeals · 1974
  3. Lamont v. New Mexico Military InstituteNew Mexico Court of Appeals · 1979
  4. Padilla v. Frito-Lay, Inc.New Mexico Court of Appeals · 1981
  5. Boughton v. Western Nuclear, Inc.New Mexico Court of Appeals · 1983

3Cited by4 opinions

  1. Woodson v. Phillips Petroleum Co.New Mexico Supreme Court · 1985
  2. Sowders ex rel. Sowders v. MFG Drilling Co.New Mexico Court of Appeals · 1985
  3. Riesenecker v. Arkansas Best Freight SystemNew Mexico Court of Appeals · 1990
  4. Riesenecker v. Arkansas Best Freight SystemNew Mexico Court of Appeals · 1990

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