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GUTIERREZ v. CITY OF GALLUP

No. 7552.

699 P.2d 120 (1984)

102 N.M. 647

Richard GUTIERREZ, Plaintiff, v. CITY OF GALLUP, a municipal corporation; and Rockwood Insurance Company, Defendants/Third-Party Plaintiffs-Appellees, v. Vicente B. JASSO, Superintendent of Insurance; and the New Mexico Subsequent Injury Fund, Third-Party Defendants-Appellants.

Court of Appeals of New Mexico.

Certiorari Quashed April 24, 1985.

Attorney(s) appearing for the Case

Howard R. Thomas, Sager, Curran, Sturges & Tepper, P.C., Albuquerque, for defendants/third-party plaintiffs-appellees.

Jake R. Evans, Evans and Robles, P.A., Las Cruces, for third-party defendants/appellants.

OPINION

NEAL, Judge.

This is a workmen's compensation case. At the time of trial, plaintiff was a sixty-year-old laborer with a fourth grade education. He began working as a laborer for the City of Gallup over thirty years ago. Before, he had worked in coal mines and asphalting. He then became a garbage truck driver for the city and remained in that position about twenty-eight years, until he received an accidental...

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