(Download) "Dominguez v. Perovich Properties" by In the Court of Appeals of the State of New Mexico * Book PDF Kindle ePub Free
eBook details
- Title: Dominguez v. Perovich Properties
- Author : In the Court of Appeals of the State of New Mexico
- Release Date : January 30, 2005
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 70 KB
Description
1 Plaintiff Paul Dominguez appeals from an adverse summary judgment rejecting his tort claim for personal injury, commonly called a "Delgado claim." Plaintiff sought relief against his employer, Perovich Properties, Inc. (Employer), outside of the Workers Compensation Act (the Act), NMSA 1978, 52-1-1 to -70 (1929, as amended through 2004), alleging Employer wilfully and intentionally injured him. In Delgado v. Phelps Dodge Chino, Inc., 2001-NMSC-034, 131 N.M. 272, 34 P.3d 1148, our Supreme Court permitted a worker to sue his employer in tort for an injury received within the scope of employment that would otherwise be exclusively compensable only under the Act if the worker could prove that the employer intentionally inflicted or wilfully caused the worker to suffer the injury. Id. 24. We affirm the summary judgment in favor of Employer.