TAYLOR v. DELGARNO TRANSP., INC.

No. 14614.

667 P.2d 445 (1983)

Billy Thomas TAYLOR, Plaintiff, v. DELGARNO TRANSPORTATION, INC., a corporation, and BMS Industries, Inc., a corporation, and Cooper Manufacturing, Inc., a corporation, Defendants, and Employers Insurance of Wausau, Intervenor.

Supreme Court of New Mexico.

Rehearing Denied August 4, 1983.


Attorney(s) appearing for the Case

Roth, Van Amberg & Gross, F. Joel Roth, Ronald J. Van Amberg, Santa Fe, for plaintiff.

Rodey, Dickason, Sloan, Akin & Robb, Bruce D. Hall, Albuquerque, for BMS Industries, Inc.

Civerolo, Hansen & Wolf, C. LeRoy Hansen, Albuquerque, for Delgarno Transp., Inc.

Shaffer, Butt, Jones & Thornton, Norman L. Gagne, Albuquerque, for Cooper Mfg., Inc., defendants.

Modrall, Sperling, Roehl, Harris & Sisk, Leland S. Sedberry, Jr., Albuquerque, for Employers Ins. of Wausau, intervenor.


OPINION

RIORDAN, Justice.

This matter is before this Court through a certification from the United States District Court for the District of New Mexico, Honorable Edwin L. Mechem, District Judge, pursuant to Section 34-2-8, N.M.S.A. 1978 (Repl.Pamp. 1981). The issue certified which is of first impression in New Mexico's law, is as follows:

Where the workman has obtained a verdict against third party tortfeasors for a work related injury and the...

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