Delgado v. Phelps Dodge Chino, Inc.

OPINION

FRANCHINI, Justice.

{1} Reynaldo Delgado died following an explosion that occurred at a smelting plant in Deming, New Mexico, after a supervisor ordered him to perform a task that, according to Petitioner, was virtually certain to kill or cause him serious bodily injury. Respondents allegedly chose to subject Delgado to this risk despite their knowledge that he would suffer serious injury or death as a result. Delgado’s widow brought a number of tort claims against Phelps Dodge and the individual supervisors who allegedly caused Delgado’s death. The trial court dismissed the case on the…