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GARCIA v. PHIL GARCIA'S ELEC. CONT., INC.

No. 5938.

658 P.2d 449 (1982)

99 N.M. 374

Phillip B. GARCIA, Plaintiff-Appellee, v. PHIL GARCIA'S ELECTRICAL CONTRACTOR, INC., Employer, and Rockwood Insurance Company, Insurer, Defendants-Appellants.

Court of Appeals of New Mexico.

Certiorari Denied February 15, 1983.

Attorney(s) appearing for the Case

Edwart T. Curran, Howard R. Thomas, Menig, Sager, Curran & Sturges, P.C., Albuquerque, for defendants-appellants.

Robert H. McBride, Albuquerque, Sarah M. Singleton, Santa Fe, for plaintiff-appellee.

OPINION

HENDLEY, Judge.

We granted defendants' application for an interlocutory appeal from an adverse ruling in a bifurcated trial. The sole issue was whether plaintiff's accident arose out of and in the course of his employment as referred to in § 52-1-19, N.M.S.A. 1978. We affirm the trial court.

Defendant-Employer, Phil Garcia's Electrical Contractor, Inc. (Corporation), was owned by plaintiff and his wife. Garcia and his wife were sole...

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