Legal Opinion

Shope v. Don Coe Construction Co.

New Mexico Court of Appeals

Decided January 25, 1979No. 3457PublishedCited by 10 opinions

1Opinion of the Court

OPINION

SUTIN, Judge.

Plaintiff sued defendant for damages for wrongful death of decedent. His death occurred while decedent was employed by defendant and acting within the scope of his employment. Defendant filed a motion to dismiss plaintiff’s complaint because plaintiff’s common-law action was barred by reason of the Workmen’s Compensation Act. The motion was granted. Plaintiff’s complaint was dismissed with prejudice and plaintiff appeals. We affirm.

Decedent was employed by defendant on Sunday, August' 14, 1977 and died as a result of an electrocution by accident that occurred on August 25,…

2Cases cited7 opinions

  1. Gruschus Ex Rel. Estate of Adams v. Bureau of RevenueNew Mexico Supreme Court · 1965
  2. Addison v. TessierNew Mexico Supreme Court · 1957
  3. Mirabal v. International Minerals & Chemical Corp.New Mexico Supreme Court · 1967
  4. State v. PateNew Mexico Supreme Court · 1943
  5. Montano v. WilliamsNew Mexico Court of Appeals · 1976

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

3Cited by10 opinions

  1. Aetna Finance Co. v. GutierrezNew Mexico Supreme Court · 1981
  2. Junge v. John D. Morgan Construction Co.New Mexico Court of Appeals · 1994
  3. Vandolsen Ex Rel. Price v. Constructors, Inc.New Mexico Court of Appeals · 1984
  4. Valenzuela v. SingletonNew Mexico Court of Appeals · 1982
  5. Peterson v. Wells Fargo Armored Services Corp.New Mexico Court of Appeals · 2000

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

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