Legal Opinion
Britz v. Joy Manufacturing Co.
New Mexico Court of Appeals
Decided March 12, 1982No. 5180PublishedCited by 7 opinions
1Opinion of the Court
OPINION
NEAL, Judge.
In this workmen’s compensation action plaintiff was denied relief because he had settled with a third party tortfeasor and therefore, under the provisions of § 52-1-56(C), N.M.S.A. 1978, he was not entitled to recover workmen’s compensation benefits. Plaintiff appeals. We affirm.
Plaintiff contends: (1) that the trial court erred in finding no inequitable conduct on the part of defendant; (2) plaintiff did not make an election of remedies under § 52-1-56(C); and (3) plaintiff is entitled to workmen’s compensation because the employer was not prejudiced.
The plaintiff, age 58,…
2Cases cited11 opinions
- Reed v. StyronNew Mexico Supreme Court · 1961
- Springer Corporation v. HerreraNew Mexico Supreme Court · 1973
- Brown v. Arapahoe Drilling CompanyNew Mexico Supreme Court · 1962
- Lang v. William Bros Boiler & Manufacturing Co.Supreme Court of Minnesota · 1957
- Marez v. Kerr-McGee Nuclear Corp.New Mexico Court of Appeals · 1978
6 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- State Farm Fire & Casualty Co. v. Price Ex Rel. MoyaNew Mexico Court of Appeals · 1984
- Montoya v. Aral Security, Inc.New Mexico Supreme Court · 1992
- Garcia Ex Rel. Garcia v. Middle Rio Grande Conservancy DistrictNew Mexico Court of Appeals · 1983
- Gantt v. L & G AIR CONDITIONINGNew Mexico Court of Appeals · 1984
- Strickland v. Roosevelt County Rural Electric CooperativeNew Mexico Court of Appeals · 1984
2 more not listed; retrieve them via the Exa API.