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CANO v. SMITH'S FOOD KING

No. 10863.

781 P.2d 322 (1989)

109 N.M. 50

Anthony CANO, Plaintiff-Appellee, v. SMITH'S FOOD KING, Defendant-Appellee, v. Fabian CHAVEZ, State Superintendent of Insurance, the New Mexico Subsequent Injury Fund, and Vicente Jasso, Defendants-Appellants.

Court of Appeals of New Mexico.

September 26, 1989.

Attorney(s) appearing for the Case

David H. Pearlman, David H. Pearlman, P.A., Albuquerque, for plaintiff-appellee.

Robert A. Martin, Bradley & McCulloch, P.A., Albuquerque, for defendant-appellee Smith's Food King.

Nathan H. Mann, M. Clea Gutterson, Gallagher, Casados & Mann, P.C., Albuquerque, for defendants-appellants New Mexico Subsequent Injury Fund and Vicente Jasso.

OPINION

BIVINS, Chief Judge.

Defendant Subsequent Injury Fund (the Fund) appeals the district court's judgment assigning it 100% liability for worker's disability. It raises four issues: (1) whether sufficient evidence exists to establish liability against the Fund; (2) whether the district court erred in holding the Fund 100% responsible; (3) whether defendants are entitled to credit on amount of prior settlement; and (4) whether the district court properly...

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