Legal Opinion
Salazar v. Torres
New Mexico Court of Appeals
Decided November 7, 2005No. 23,841PublishedCited by 13 opinions
1Opinion of the Court
OPINION
ROBINSON, Judge.
{1} Phillip Salazar (Worker) appeals from an order of the district court granting the motion for summary judgment of Defendants Richard Torres and Richard L. Torres Concrete Company (together, Employer). The question presented on appeal is whether Worker is precluded from pursuing his common law claims for damages pursuant to Delgado v. Phelps Dodge Chino, Inc., 2001-NMSC-034, 131 N.M. 272, 34 P.3d 1148 because he has already received workers’ compensation benefits. We hold that receipt of workers’ compensation benefits does not bar Worker’s Delgado claims. Therefore,…
2Cases cited23 opinions
- Woodson v. RowlandSupreme Court of North Carolina · 1991
- Jones v. VIP Development Co.Ohio Supreme Court · 1984
- Schmitz v. SmentowskiNew Mexico Supreme Court · 1990
- Delgado v. Phelps Dodge Chino, Inc.New Mexico Supreme Court · 2001
- Three Rivers Land Co., Inc. v. MaddouxNew Mexico Supreme Court · 1982
18 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Salazar v. TorresNew Mexico Supreme Court · 2007
- Griego v. Patriot Erectors, Inc.New Mexico Court of Appeals · 2007
- Hartnett v. Papa John's Pizza USA, Inc.District Court, D. New Mexico · 2011
- Luna v. Lewis Casing Crews, Inc.New Mexico Supreme Court · 2007
- Lewis v. Albuquerque Public SchoolsNew Mexico Supreme Court · 2019
8 more not listed; retrieve them via the Exa API.