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SALAZAR v. TORRES

No. 23,841.

122 P.3d 1279 (2005)

138 N.M. 510

2005-NMCA-127

Phillip SALAZAR, Plaintiff-Appellant, v. Richard TORRES, individually and as owner and operator of Richard L. Torres Concrete Company, Defendant-Appellee.

Court of Appeals of New Mexico.

Certiorari Granted November 7, 2005.

Attorney(s) appearing for the Case

Rod Dunn, Rio Rancho, NM, Kerry Morris, Morris Law Firm, Albuquerque, NM, for Appellant.

Richard J. Shane, Myra F. Moldenhauer, Riley, Shane & Hale, P.A., Albuquerque, NM, for Appellee.

Certiorari Granted, No. 29,476, November 7, 2005.

OPINION

ROBINSON, Judge.

{1} Phillip Salazar (Worker) appeals from an order of the district court granting the motion for summary judgment of Defendants Richard Torres and Richard L. Torres Concrete Company (together, Employer). The question presented on appeal is whether Worker is precluded from pursuing his common law claims for damages pursuant to Delgado v. Phelps Dodge Chino, Inc.,...

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