CLARK v. ELECTRONIC CITY

No. 2758.

565 P.2d 348 (1977)

Marilyn R. CLARK, Individually, and as widow and next friend of allen B. Clark, Plaintiff-Appellee, v. ELECTRONIC CITY, a/k/a Electronics City, and John Capo, Defendants-Appellants.

Court of Appeals of New Mexico.

Rehearing denied May 13, 1977.

As Amended May 17, 1977.

Certiorari Denied June 8, 1977.


Attorney(s) appearing for the Case

David W. King, Threet, Threet, Glass, King & Maxwell, Albuquerque, for defendants-appellants John Capo.

William J. Cooksey, Dickson & DuBois, P.A., Albuquerque, for plaintiff-appellee.


OPINION

SUTIN, Judge.

Defendant appeals a judgment awarding plaintiff workmen's compensation benefits arising out of the death of her husband while he was operating an automobile in the course of his employment. Two claims for reversal are raised. (A) The workmen's compensation statute did not apply to defendant. (B) Plaintiff's decedent, Allen B. Clark, made a major deviation and abandoned his employer's business. We affirm.

A. The Workmen's...

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