Legal Opinion

Gilliland v. Hanging Tree, Inc.

New Mexico Court of Appeals

Decided June 20, 1978No. 3421PublishedCited by 8 opinions

1Opinion of the Court

OPINION

WOOD, Chief Judge.

The widow sought death benefits under the Workmen’s Compensation Act. On the basis of affidavits and answers to interrogatories, the trial court granted defendants’ motion for summary judgment. Plaintiff appeals; we affirm. Assuming there was an issue of fact as to whether deceased was a “workman”, the summary judgment was proper because no compensation benefits were payable under the “average weekly wage” provisions of the Workmen’s Compensation Act.

Decedent was a part owner of Hanging Tree, Inc.; at the time of his death he owned a one-third interest in the…

2Cases cited7 opinions

  1. Garcia v. Genuine Parts Co.New Mexico Court of Appeals · 1977
  2. Kendrick v. Gackle Drilling CompanyNew Mexico Supreme Court · 1962
  3. La Rue v. JohnsonNew Mexico Supreme Court · 1943
  4. Burton v. Crawford and CompanyNew Mexico Court of Appeals · 1976
  5. Mendoza v. Gallup Southwestern Coal Co.New Mexico Supreme Court · 1937

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

3Cited by8 opinions

  1. Jelso v. World Balloon Corp.New Mexico Court of Appeals · 1981
  2. Casias v. Zia Co.New Mexico Court of Appeals · 1979
  3. Salcido v. Transamerica Insurance GroupNew Mexico Supreme Court · 1985
  4. Kincaid v. WEK Drilling Co., Inc.New Mexico Court of Appeals · 1989
  5. Kennecott Copper Corp. v. ChavezNew Mexico Court of Appeals · 1990

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

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