Legal Opinion
Padilla v. Wall Colmonoy Corp.
New Mexico Court of Appeals
Decided September 11, 2006No. 25,638PublishedCited by 18 opinions
1Opinion of the Court
OPINION
FRY, Judge.
{1} This workplace tort case presents the question of whether our Supreme Court’s decision in Delgado v. Phelps Dodge Chino, Inc., 2001-NMSC-034, 131 N.M. 272, 34 P.3d 1148, applies to acts or omissions that are alleged to have occurred before that decision was issued. Unpersuaded that retroactivity would be unfair to employers or that the presumption of retroactivity is overcome by other considerations, we conclude that a worker may sue in tort using Delgado’s test for non-accidental injury, regardless of when the acts or omissions occurred. Therefore, we affirm the…
2Cases cited17 opinions
- Chevron Oil Co. v. HusonSupreme Court of the United States · 1971
- Harper v. Virginia Department of TaxationSupreme Court of the United States · 1993
- Lopez Ex Rel. Lopez v. MaezNew Mexico Supreme Court · 1982
- Delgado v. Phelps Dodge Chino, Inc.New Mexico Supreme Court · 2001
- Crutchfield v. New Mexico Department of Taxation & RevenueNew Mexico Court of Appeals · 2004
12 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Marckstadt v. Lockheed Martin Corp.New Mexico Supreme Court · 2009
- Curry v. Great Nw. Ins. Co.New Mexico Court of Appeals · 2013
- Gomez v. ChavarriaNew Mexico Court of Appeals · 2009
- Edenburn v. New Mexico Department of HealthNew Mexico Court of Appeals · 2012
- Rodriguez v. Brand West DairyNew Mexico Court of Appeals · 2015
13 more not listed; retrieve them via the Exa API.