Legal Opinion · Dissent

Lamay v. Roswell Independent School District

New Mexico Court of Appeals

Decided August 12, 1994No. 14715Published

1DissentApodaca, Judge

With all due respect to my colleagues comprising the majority, I disagree with their holding. I cannot join in the majority’s reliance on Gray v. J.P. (Bum) Gibbins, Inc., 75 N.M. 584, 408 P.2d 506 (1965), and Sanchez v. Memorial General Hospital, 110 N.M. 683, 798 P.2d 1069 (Ct.App.), cert. denied, 110 N.M. 653, 798 P.2d 1039 (1990), to affirm the workers’ compensation judge (judge). Instead I would hold that, as a matter of law, the specific question asked of Worker in this appeal was so broad, vague, or general so as to make it insufficient to trigger a duty to disclose on the part of…

2Cases cited8 opinions

  1. Shippers Transport of Georgia v. SteppSupreme Court of Arkansas · 1979
  2. College Club Dairy v. CarrCourt of Appeals of Arkansas · 1988
  3. Sanchez v. Memorial General HospitalNew Mexico Court of Appeals · 1990
  4. Gray v. J. P. (Bum) Gibbins, Inc.New Mexico Supreme Court · 1965
  5. Knight v. Industrial Electric Co.Court of Appeals of Arkansas · 1989

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