Legal Opinion

Kitchell v. Public Service Co.

New Mexico Supreme Court

Decided December 3, 1998No. 24,080PublishedCited by 27 opinions

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

  1. Southeastern Community College v. DavisSupreme Court of the United States · 1979
  2. 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
  3. Kathlyn M. Kennedy v. Applause, Inc.Court of Appeals for the Ninth Circuit · 1996
  4. Schmitz v. SmentowskiNew Mexico Supreme Court · 1990
  5. Madrid v. St. Joseph HospitalNew Mexico Supreme Court · 1996

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3Cited by27 opinions

  1. Ocana v. American Furniture Co.New Mexico Supreme Court · 2004
  2. Davidson v. American Freightways, Inc.Kentucky Supreme Court · 2000
  3. Trujillo v. Northern Rio Arriba Electric Cooperative, Inc.New Mexico Supreme Court · 2001
  4. Morrison v. Toys "R" Us, Inc.Massachusetts Supreme Judicial Court · 2004
  5. Torres v. El Paso Electric Co.New Mexico Supreme Court · 1999

22 more not listed; retrieve them via the Exa API.

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