Legal Opinion

Valdez v. R-WAY, LLC

New Mexico Court of Appeals

Decided May 4, 2010No. 29,342; 32,428PublishedCited by 8 opinions

1Opinion of the Court

OPINION

SUTIN, Judge.

{1} This interlocutory appeal presents the question whether settlement with an employee releases the employer from claims based on respondeat superior. Plaintiff Jose Valdez’s vehicle was rear-ended by a vehicle driven by Romancita Salazar, and Plaintiff sued Ms. Salazar in negligence and also claimed that Ms. Salazar’s employer, Defendant R-Way, LLC, was vicariously liable. Plaintiff and Ms. Salazar settled. Plaintiff fully released Ms. Salazar from all claims arising from the accident. The release between these two parties specifically preserved Plaintiffs claim against…

2Cases cited17 opinions

  1. Marder v. LopezCourt of Appeals for the Ninth Circuit · 2006
  2. State v. RowellNew Mexico Supreme Court · 1995
  3. Mamalis v. Atlas Van Lines, Inc.Supreme Court of Pennsylvania · 1989
  4. Roberts v. Southwest Community Health ServicesNew Mexico Supreme Court · 1992
  5. Morgan Keegan Mortgage Co. v. CandelariaNew Mexico Court of Appeals · 1997

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3Cited by8 opinions

  1. Safeway, Inc. v. Rooter 2000 Plumbing & Drain SSSNew Mexico Supreme Court · 2016
  2. Wirth v. Sun Healthcare Group, Inc.New Mexico Court of Appeals · 2016
  3. Safeway, Inc. v. Rooter 2000 Plumbing and Drain SSSNew Mexico Supreme Court · 2016
  4. Kaufman v. Blazin Wings, Inc.District Court, D. New Mexico · 2021
  5. Nordeen v. Select Portfolio Servicing, Inc.District Court, D. New Mexico · 2023

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