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TRANSPORT INDEMNITY COMPANY v. GARCIA

No. 2454.

552 P.2d 473 (1976)

89 N.M. 342

TRANSPORT INDEMNITY COMPANY, Plaintiff-Appellant, v. Pedro GARCIA, Kirk Tatom and Jerry Tatom, Defendants-Appellees.

Court of Appeals of New Mexico.

Certiorari Denied July 27, 1976.

Attorney(s) appearing for the Case

David W. Yount, Civerolo, Hansen & Wolf, Albuquerque, for plaintiff-appellant.

Steven L. Tucker, Jones, Gallegos, Snead & Wertheim, P.A., Santa Fe, for defendant-appellee Garcia.

OPINION

HENDLEY, Judge.

Garcia, an employee of I.C.X. was injured, while in the course of his employment, by the Tatoms. Transport Indemnity Company, I.C.X.'s compensation carrier, paid compensation to Garcia because of the injury in the amount of $2,042.23. Subsequently, Garcia filed suit against the Tatoms and recovered $15,000.00. The total cost to Garcia to make the recovery was $5,000.00 for the attorney's fee and $1,284.87 in other costs. The net recovery...

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