Martinez v. Earth Resources Co.
New Mexico Court of Appeals
1Opinion of the Court
OPINION
SUTIN, Judge.
Defendants appeal from a workmen’s compensation judgment in favor of plaintiff. We affirm.
The trial court found that plaintiff was totally disabled as the result of injuries sustained while plaintiff was performing services arising out of and in the course of his employment. The court found, “[t]hat the testimony with regards to the intoxication of the Plaintiff at the time of the accident is conflicting, there is no evidence that anyone saw the [Plaintiff] consuming any intoxicating liquors and therefore the Defendants have failed to meet the burden of proof and prove…
2Cases cited3 opinions
- Casados v. Montgomery Ward & Co.New Mexico Supreme Court · 1967
- Parr v. New Mexico State Highway DepartmentNew Mexico Supreme Court · 1950
- Valencia v. DixonNew Mexico Court of Appeals · 1971
3Cited by4 opinions
- Clemmer Ex Rel. Clemmer v. CarpenterNew Mexico Court of Appeals · 1982
- Martinez v. Earth Resources Co.New Mexico Court of Appeals · 1977
- Schell v. Buell ECD Co.New Mexico Court of Appeals · 1984
- Martinez v. Earth Resources Co.New Mexico Court of Appeals · 1977