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TREMBATH v. RIGGS

No. 7171.

673 P.2d 1348 (1983)

100 N.M. 615

Frank TREMBATH, Plaintiff-Appellant, v. Don RIGGS and Earl Riggs, Jr., his Father, and The Truth or Consequences Municipal Schools, Defendants-Appellees.

Court of Appeals of New Mexico.

Certiorari Denied February 15, 1984.

Attorney(s) appearing for the Case

Glenn B. Neumeyer, Norman E. Todd, Las Cruces, for plaintiff-appellant.

Neil Weinbrenner, Las Cruces, for defendant-appellee Earl Riggs, Jr.

Jerald A. Valentine, Las Cruces, for defendants-appellees Don Riggs and The Truth or Consequences Municipal Schools.

OPINION

LOPEZ, Judge.

The main issue on this appeal is whether the trial court erred in holding as a matter of law that the Workmen's Compensation Act bars plaintiff-teacher, Frank Trembath, from suing defendant-student, Don Riggs, in common law negligence. The Act does not bar plaintiff's action against either Don Riggs or the other defendants. This case is reversed and remanded. We trace below the confusing facts and procedural history leading to this...

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