Legal Opinion

Boyd Ex Rel. Estate of Boyd v. Permian Servicing Co.

New Mexico Supreme Court

Decided February 5, 1992No. 19792PublishedCited by 11 opinions

1Opinion of the Court

OPINION

RANSOM, Chief Justice.

Rosita Boyd sued Permian Servicing Company, Inc. to recover damages for the wrongful death of her son, Tracy Shain Boyd, who died from injuries incurred while working for Permian. Permian filed a motion to dismiss for lack of subject matter jurisdiction under SCRA 1986, 1-012(B)(1), contending the case was governed by the Workers’ Compensation Act. 1 Plaintiff claimed that the Act did not apply because her sixteen-year-old son was working illegally on a power-driven hoisting device in violation of Sections 212, 215, and 216 of the Fair Labor Standards Act of 1938.…

2Cases cited10 opinions

  1. Lemmerman v. A. T. Williams Oil Co.Supreme Court of North Carolina · 1986
  2. Jensen v. Sport Bowl, Inc.South Dakota Supreme Court · 1991
  3. Margaret Louise Breitwieser and James J. Breitwieser v. Kms Industries, Inc., D/B/A Advo SystemsCourt of Appeals for the Fifth Circuit · 1972
  4. Gaston v. SAN ORE CONSTRUCTION CO., INC.Supreme Court of Kansas · 1970
  5. Maynerich Ex Rel. Maynerich v. Little Bear Enterprises, Inc.New Mexico Court of Appeals · 1971

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

3Cited by11 opinions

  1. Sanchez v. Church of ScientologyNew Mexico Supreme Court · 1993
  2. Dunn ex rel. Estate of Cortez v. State ex rel. Taxation & Revenue DepartmentNew Mexico Court of Appeals · 1993
  3. Delbridge v. Salt River Project Agricultural Improvement & Power DistrictCourt of Appeals of Arizona · 1994
  4. Gonzalez v. Performance Painting, Inc.New Mexico Court of Appeals · 2011
  5. Dunn v. STATE EX REL. TAX. & REV. DEPT.New Mexico Court of Appeals · 1993

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