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SMITH v. STATE

No. 96.

439 P.2d 242 (1968)

Jewell O. SMITH, Plaintiff-Appellant, v. STATE of New Mexico, Defendant-Employer, and Mountain States Mutual Casualty Company, Defendant-Insurer, Defendants-Appellees.

Court of Appeals of New Mexico.

March 15, 1968.

Attorney(s) appearing for the Case

Denis Cowper, Chavez & Cowper, Belen, for appellant.

James A. Parker, Modrall, Seymour, Sperling, Roehl & Harris, Albuquerque, for appellees.

OPINION

OMAN, Judge.

Plaintiff sought benefits under the New Mexico Workmen's Compensation Act (§§ 59-10-1 through 59-10-37, N.M.S.A. 1953). She appeals from a summary judgment entered in favor of defendants.

Since we are of the opinion that the issue of notice is determinative of the appeal, we confine ourselves to the facts and the law pertinent to this issue. We do so fully realizing that a summary judgment can properly be entered only...

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