Wise v. Armold Transfer & Storage Co., Inc.

SWANSTROM, Judge.

Daniel Wise appeals from a summary judgment entered in.the district court in favor of Armold Transfer & Storage Company, Inc., a New Mexico corporation. Wise had been seriously injured in an accident in Idaho while riding in Armold’s truck being driven by Terry Joe Moore. Wise brought this tort action to recover damages from Armold and the driver for personal injuries. The district court held that Wise was an employee of Armold when injured and that he had only the right to recover workmen’s compensation benefits. On appeal Wise contends the district court erred in: (1)…