GARZA v. W.A. JOURDAN, INC.

No. 2889.

572 P.2d 1276 (1977)

91 N.M. 268

Ernesto GARZA, Plaintiff-Appellant, v. W.A. JOURDAN, INC., and the Hartford Insurance Company, Defendants-Appellees.

Court of Appeals of New Mexico.

Rehearing Denied December 13, 1977.

Writ of Certiorari Denied December 30, 1977.


Attorney(s) appearing for the Case

J.E. Gallegos, Steven L. Tucker, Jones, Gallegos, Snead & Wertheim, P.A., Santa Fe, for plaintiff-appellant.

Lowell Stout, Hobbs, for defendants-appellees.


OPINION

LOPEZ, Judge.

This suit was brought pursuant to the Workmen's Compensation Act §§ 59-10-1 through 59-10-37, N.M.S.A. 1953 (2d Repl. Vol. 9, pt. 1, 1974) for the recovery of the ten percent [10%] penalty due because of the employer's failure to provide guard rails or braces on the scaffolds as safety devices. Plaintiff's claim was dismissed with prejudice, and from this dismissal plaintiff appeals. We reverse.

The plaintiff, Ernesto...

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