FIELDS v. D & R TANK EQUIPMENT CO.

No. 8147.

703 P.2d 918 (1985)

103 N.M. 141

Joe FIELDS, Plaintiff-Appellant, v. D & R TANK & EQUIPMENT COMPANY, Defendant-Appellee.

Court of Appeals of New Mexico.

Certiorari Denied July 18, 1985.


Attorney(s) appearing for the Case

David A. Archuleta, Albuquerque, Pedro G. Rael, Los Lunas, for plaintiff-appellant.

Donald E. Lepley, Carlos G. Martinez, Shaffer, Butt, Thornton & Baehr, P.C., Albuquerque, for defendant-appellee.


OPINION

WOOD, Judge.

Plaintiff sought common law damages from his employer on the basis of the alleged malpractice of two physicians in diagnosing and treating a compensable injury. The trial court granted summary judgment for defendant on the basis that plaintiff's claim was premature. The summary judgment was granted on the uncontradicted showing that all compensation benefits, including medical, were current and had been paid. The summary judgment recites...

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