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DRAPER v. MOUNTAIN STATES MUT. CAS. CO.

No. 20936.

867 P.2d 1157 (1994)

116 N.M. 775

Eric DRAPER, Plaintiff-Appellant, v. MOUNTAIN STATES MUTUAL CASUALTY COMPANY, a New Mexico corporation, Defendant-Appellee.

Supreme Court of New Mexico.

January 5, 1994.

Attorney(s) appearing for the Case

Flinn Wold Attorneys, Alexander A. Wold, Jr., Albuquerque, for appellant.

Bradley & McCulloch, P.A., Gordon J. McCulloch and Lisa M. Tourek, Albuquerque, for appellee.

OPINION

RANSOM, Chief Justice.

Eric Draper appeals from a summary judgment dismissing his uninsured motorist claim against Mountain States Mutual Casualty Company. The trial court ruled that the claim was precluded by Section 52-5-17 of the Workers' Compensation Act, NMSA 1978, §§ 52-1-1 to -70 (Repl.Pamp. 1991 & Supp. 1992). We reverse.

Facts and proceedings. On November 21, 1991, Draper was involved in an automobile accident...

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