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SMITH v. TRAILWAYS, INC.

No. 8299.

713 P.2d 557 (1986)

103 N.M. 741

Buford A. SMITH, Plaintiff/Appellee/Cross-Appellant, v. TRAILWAYS, INC., Employer and Liberty Mutual Insurance Company, Insurer, Defendants/Cross-Appellees/Cross-Appellants, v. STATE of New Mexico SUBSEQUENT INJURY FUND, Third Party Defendant/Appellant/Cross-Appellee.

Court of Appeals of New Mexico.

January 7, 1986.

Attorney(s) appearing for the Case

Richard J. Crollett, Albuquerque, for plaintiff/appellee/cross-appellant.

Ellen M. Kelly, Barbara L. Mathis, Gallagher & Casados, P.C., Albuquerque, for third party defendant/appellant/cross-appellee.

Ben M. Allen, Rodey, Dickason, Sloan, Akin & Robb, P.A., Albuquerque, for defendants/cross-appellees/cross-appellants Trailways, Inc. and Liberty Mut. Ins. Co.

OPINION

BIVINS, Judge.

In his second amended complaint, plaintiff sought, under the first count, worker's compensation and related benefits from his employer, Trailways, Inc., and its carrier, Liberty Mutual Insurance Company (hereinafter "employer"). Plaintiff sought, under the second count, relief from the subsequent injury fund ("Fund"), pursuant to the Subsequent Injury Act, NMSA 1978, Sections 52-2-1 through -13. From a judgment awarding plaintiff total...

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