Legal Opinion

Garza v. W. A. Jourdan, Inc.

New Mexico Court of Appeals

Decided December 6, 1977No. 2889PublishedCited by 14 opinions

1Opinion of the Court

OPINION

LOPEZ, Judge.

This suit was brought pursuant to the Workmen’s Compensation Act §§ 59-10-1 through 59-10-37, N.M.S.A.1953 (2d Repl. Vol. 9, pt. 1, 1974) for the recovery of the ten percent [10%] penalty due because of the employer’s failure to provide guard rails or braces on the scaffolds as safety devices. Plaintiff’s claim was dismissed with prejudice, and from this dismissal plaintiff appeals. We reverse.

The plaintiff, Ernesto Garza (hereinafter “the workman”), was employed by the defendant, W. A. Jourdan, Inc. (hereinafter “the employer”).

Plaintiff was a cement finisher on building…

2Cases cited13 opinions

  1. Mantz v. FollingstadNew Mexico Court of Appeals · 1972
  2. Swallows v. City of AlbuquerqueNew Mexico Supreme Court · 1956
  3. Casados v. Montgomery Ward & Co.New Mexico Supreme Court · 1967
  4. Chavez v. KitschNew Mexico Supreme Court · 1962
  5. Anaya v. City of Santa FeNew Mexico Supreme Court · 1969

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

3Cited by14 opinions

  1. Wilson v. DenverNew Mexico Supreme Court · 1998
  2. Sanchez v. Molycorp, Inc.New Mexico Court of Appeals · 1985
  3. Varos v. Union Oil Co. of CaliforniaNew Mexico Court of Appeals · 1984
  4. Pena v. New Mexico Highway DepartmentNew Mexico Court of Appeals · 1983
  5. Armijo v. Co-Con Construction Co.New Mexico Court of Appeals · 1978

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

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