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SAPPINGTON v. COVINGTON

No. 10635.

768 P.2d 354 (1988)

108 N.M. 155

Harold SAPPINGTON, Plaintiff-Appellee, v. James COVINGTON, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Denied January 16, 1989.

Attorney(s) appearing for the Case

James E. Templeman, Templeman & Crutchfield, Lovington, for plaintiff-appellee.

Mark C. Meiering, Rodey, Dickason, Sloan, Akin & Robb, P.A., Albuquerque, for defendant-appellant.

OPINION

DONNELLY, Chief Judge.

This case involves the issue of whether plaintiff's common law negligence action against defendant insurance agents is barred by federal preemption under the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. Sections 1001 to 1461 (1982). We affirm the trial court's denial of defendant's motion to dismiss.

Plaintiff is an employee of Levy Auto Supply (Levy)...

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