Kitchell v. Public Service Co.
New Mexico Supreme Court
1Opinion of the Court
OPINION
McKINNON, J.
{1} This interlocutory appeal raises three issues relating to the termination of the employment of plaintiff-appellee Lee Roy Kite-hell with defendant-appellant Public Service Company of New Mexico (“PNM”). 1 The issues concern each of three counts in Kite-hell’s complaint, and the denial by the trial court as to each count of PNM’s motion for summary judgment. The complaint presents these legal arguments: 1) that an employee, totally disabled by a work-related injury, can be considered “otherwise qualified” to work and therefore bring an employment discrimination suit…
2Cases cited18 opinions
- Southeastern Community College v. DavisSupreme Court of the United States · 1979
- Lyle S. Chandler and Adolphus A. Maddox, on Behalf of Themselves and Others Similarly Situated v. The City of Dallas, the City of DallasCourt of Appeals for the Fifth Circuit · 1993
- Kathlyn M. Kennedy v. Applause, Inc.Court of Appeals for the Ninth Circuit · 1996
- Schmitz v. SmentowskiNew Mexico Supreme Court · 1990
- Madrid v. St. Joseph HospitalNew Mexico Supreme Court · 1996
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3Cited by27 opinions
- Ocana v. American Furniture Co.New Mexico Supreme Court · 2004
- Davidson v. American Freightways, Inc.Kentucky Supreme Court · 2000
- Trujillo v. Northern Rio Arriba Electric Cooperative, Inc.New Mexico Supreme Court · 2001
- Morrison v. Toys "R" Us, Inc.Massachusetts Supreme Judicial Court · 2004
- Torres v. El Paso Electric Co.New Mexico Supreme Court · 1999
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