Legal Opinion

Richey v. Hammond Conservancy District

New Mexico Court of Appeals

Decided January 28, 2015No. Docket 32,847PublishedCited by 1 opinion

1Opinion of the Court

OPINION

ZAMORA, Judge.

The Opinion filed on October 15, 2014 is withdrawn, and the following Opinion is substituted in its place. ,

Plaintiff, Marshall Richey, appeals from the district court’s grant of Defendant’s motion to dismiss'for failure to state a claim upon which relief can be granted pursuant to Rule 1-012(B)(6) NMRA. Plaintiff contends that the district court erred in concluding that the facts alleged in his amended complaint failed to state a claim within the exclusivity exception to the New Mexico Workers’ Compensation Act (the Act), as recognized in Delgado v. Phelps Dodge Chino,…

2Cases cited19 opinions

  1. Herrera Ex Rel. Estate of Ruiz v. Quality PontiacNew Mexico Supreme Court · 2003
  2. Delgado v. Phelps Dodge Chino, Inc.New Mexico Supreme Court · 2001
  3. Coates v. Wal-Mart Stores, Inc.New Mexico Supreme Court · 1999
  4. Coleman v. Eddy Potash, Inc.New Mexico Supreme Court · 1995
  5. Delfino v. GriffoNew Mexico Supreme Court · 2011

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3Cited by1 opinion

  1. Bradley v. AmazonDistrict Court, D. New Mexico · 2025

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