SCHELL v. BUELL ECD CO.

No. 7004.

690 P.2d 1038 (1983)

102 N.M. 44

Phyllis Ann SCHELL, wife of Norvin D. Schell, Deceased, Plaintiff-Appellee, v. BUELL ECD CO., Employer, CNA Insurance Co., Insurer, Defendants-Appellants.

Court of Appeals of New Mexico.

Certiorari Quashed November 13, 1984.


Attorney(s) appearing for the Case

Victor A. Titus, Faurot & Titus, P.A., Farmington, for plaintiff-appellee.

James B. Payne, Tansey, Rosebrough, Roberts & Gerding, P.C., Farmington, for defendants-appellants.


OPINION

DONNELLY, Judge.

Appellants (decedent's employer and its insurance carrier) appeal from a judgment awarding death benefits to decedent's widow in a workmen's compensation case. Two issues are raised: whether (1) under the evidence and the law the trial court erred in awarding death benefits resulting from the suicide of the workman, and (2) an award of benefits was improper by reason of the intoxication of the workman.

Decedent was employed...

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