ROMERO v. J.W. JONES CONST. CO.

No. 5770.

651 P.2d 1302 (1982)

98 N.M. 658

Joseph ROMERO, Plaintiff-Appellant, v. J.W. JONES CONSTRUCTION CO. and Mountain States Mutual Casualty Company, Defendants-Appellees.

Court of Appeals of New Mexico.

September 21, 1982.


Attorney(s) appearing for the Case

Matias A. Zamora, P.A., Patrick A. Casey, P.A., Santa Fe, for plaintiff-appellant.

James G. Whitley, Jones, Gallegos, Snead & Wertheim, P.A., Santa Fe, for defendants-appellees.


OPINION

WOOD, Judge.

Plaintiff, applying for employment with Jones (J.W. Jones Construction Company), represented that he was eighteen years old. In fact, he was under sixteen years of age. Plaintiff was hired and was injured on the job. Plaintiff sued for worker's compensation; approximately three months later he sued Jones in a tort action. Both suits are based on the same incident; the parties in both suits are identical, except the compensation insurer...

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