Duran v. Transit Remanufacturing Corporation

COMPTON, Chief Justice.

The plaintiff, administrator of the estate of Noel Duran, deceased, brought this action to recover damages for the wrongful death of the deceased, allegedly resulting from the negligence of the defendant; and, in an alternative cause of action, he sought to recover compensation under the provisions of New Mexico Workmen’s Compensation Act.

The complaint, filed May 18, 1961, alleged that Noel Duran was fatally injured as a result of defendant’s negligence April 4, 1961. The answer pleaded various defenses, the third defense being that the employer was a self-insurer by…