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MICHAELS v. ANGLO AMERICAN AUTO AUCTIONS

No. 21184.

869 P.2d 279 (1994)

117 N.M. 91

Timothy MICHAELS, Plaintiff-Appellant, v. ANGLO AMERICAN AUTO AUCTIONS, INC., d/b/a Albuquerque Auto Auction, Defendant-Appellee.

Supreme Court of New Mexico.

February 10, 1994.

Attorney(s) appearing for the Case

The Roehl Law Firm, P.C., Mark E. Komer, Albuquerque, for plaintiff-appellant.

Keleher & McLeod, P.A., Peter H. Johnstone, James R.D. Brewster, Albuquerque, for defendant-appellee.

OPINION

FRANCHINI, Justice.

Today we decide whether an employee who alleges that he or she was wrongfully discharged in retaliation for filing a workers' compensation action has a cause of action independent from that set out in NMSA 1978, Section 52-1-28.2 (Repl.Pamp.1991). We hold that plaintiff may assert a retaliatory discharge claim independently of and in view of the policy set out by Section 52-1-28.2. We reverse the district court's dismissal of...

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