Sappington v. Covington

OPINION

DONNELLY, Chief Judge.

This case involves the issue of whether plaintiff’s common law negligence action against defendant insurance agents is barred by federal preemption under the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. Sections 1001 to 1461 (1982). We affirm the trial court’s denial of defendant’s motion to dismiss.

Plaintiff is an employee of Levy Auto Supply (Levy) of Hobbs. Plaintiff was hospitalized in April 1984 because of an illness and incurred medical expenses, including hospital and doctor bills, totalling approximately $20,000. Plaintiff alleged he…