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VIGIL v. DIGITAL EQUIPMENT CORP.

No. 16803.

925 P.2d 883 (1996)

122 N.M. 417

Bobby VIGIL, Plaintiff-Appellant, v. DIGITAL EQUIPMENT CORPORATION, Defendant-Appellee.

Court of Appeals of New Mexico.

Certiorari Denied October 10, 1996.

Attorney(s) appearing for the Case

Narciso Garcia, Jr., Garcia Law Offices, Albuquerque, for Plaintiff-Appellant.

Neils L. Thompson, Shannon A. Parden, and Madison, Harbour & Mroz, P.A., Albuquerque, for Defendant-Appellee.

OPINION

PICKARD, Judge.

1. In this case we discuss at what point a temporary employer is entitled to immunity from common law tort claims according to NMSA 1978, Sections 52-1-6(E), and -9 (Repl.Pamp.1991) of the Workers' Compensation Act (the Act). We hold that the temporary employer is immune here because it meets the three-part test of special employer set forth in our cases; it has contractually assured that the general employer will provide workers...

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