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BARTON v. LAS COSITAS

No. 7758.

694 P.2d 1377 (1984)

102 N.M. 312

Thomas BARTON, Plaintiff-Appellant. v. LAS COSITAS, d/b/a Barton's Flowers and Dodson Insurance Group, Defendants-Appellees.

Court of Appeals of New Mexico.

Certiorari Denied January 23, 1985.

Attorney(s) appearing for the Case

Ronald W. Henkel, Roehl & Henkel, Albuquerque, for appellees.

Walter J. Melendres, James A. Hall, Montgomery & Andrews, P.A., Santa Fe, for appellant.

OPINION

DONNELLY, Chief Judge

The plaintiff, Thomas Barton, appeals from an order of the district court granting summary judgment in favor of defendants and dismissing plaintiff's claim for benefits under the Workmen's Compensation Act. The pivotal issue in this case is whether the court erred in awarding summary judgment against plaintiff in view of plaintiff's contention that he was injured under an exception to the "going and coming rule".

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