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VIGIL v. PUBLIC SERVICE CO. OF NEW MEXICO

No. 23,842.

94 P.3d 813 (2004)

136 N.M. 70

2004-NMCA-085

Willie A. VIGIL, Plaintiff-Appellee, v. PUBLIC SERVICE COMPANY OF NEW MEXICO, a New Mexico business corporation, and Lex Smuts, Defendants-Appellants.

Court of Appeals of New Mexico.

Certiorari Denied June 30, 2004.

Attorney(s) appearing for the Case

Linda Hemphill, Linda Hemphill, P.C., Santa Fe, Michele Masiowski, Serra, Garrity & Masiowski, LLC, Santa Fe, for Appellee.

Robert C. Conklin, Thomas C. Bird, Jacqueline M. Woodcock, Keleher & McLeod, P.A., Albuquerque, for Appellants.

Certiorari Denied, No. 28,719, June 30, 2004.

OPINION

BUSTAMANTE, J.

{1} We granted Defendants' application for interlocutory appeal to clarify that a claim for retaliatory discharge is only available to at-will employees. Defendants — Public Service Company of New Mexico (PNM) and Lex Smuts, a former PNM employee — applied for interlocutory appeal after the district court denied their motion for summary judgment on Plaintiff...

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