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Legal Opinion

Garcia v. General Electric

New Mexico Court of Appeals

Decided September 15, 1999No. 19,856PublishedCited by 3 opinions

1Opinion of the Court

OPINION

PICKARD, Chief Judge.

{1} Ernest Garcia (Worker) suffered a hip injury in a work-related accident for which General Electric (Employer) paid medical costs and disability payments. Worker recovered damages against a third-party tortfeasor after a jury trial, but the jury apportioned the comparative negligence of Worker at 60% and that of PJ Albuquerque, Inc. (Defendant) at 40%. The Workers’ Compensation Judge (WCJ) applied the formula from Gutierrez v. City of Albuquerque, 1998-NMSC-027, 125 N.M. 643, 964 P.2d 807, to determine what portion of the jury award Worker must use to reimburse…

2Cases cited6 opinions

  1. Gutierrez v. City of AlbuquerqueNew Mexico Supreme Court · 1998
  2. St. Clair v. County of GrantNew Mexico Court of Appeals · 1990
  3. Richins v. MayfieldNew Mexico Supreme Court · 1973
  4. Graham v. Presbyterian Hospital CenterNew Mexico Court of Appeals · 1986
  5. Buckingham v. Health South Rehabilitation HospitalNew Mexico Court of Appeals · 1997

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

3Cited by3 opinions

  1. Meyers v. Western Auto & CNA InsuranceNew Mexico Court of Appeals · 2002
  2. Cuevas v. State Farm Mutual Automobile InsuranceNew Mexico Court of Appeals · 2001
  3. Eskew v. National Farmers Union InsuranceNew Mexico Court of Appeals · 2000

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