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GORMLEY v. COCA-COLA ENTERPRISES

No. 28,441.

109 P.3d 280 (2005)

137 N.M. 192

2005-NMSC-003

Don GORMLEY, Plaintiff-Petitioner, v. COCA-COLA ENTERPRISES, Defendant-Respondent.

Supreme Court of New Mexico.

February 28, 2005.

Attorney(s) appearing for the Case

Martin & Lara, W.T. Martin, Jr., Carlsbad, NM, for Petitioner.

Huffaker & Conway, P.C., Anne Marie Turner, Albuquerque, NM, Miller & Martin, P.L.L.C., T. Harold Pinkley, Nashville, TN, for Respondent.

OPINION

BOSSON, Chief Justice.

{1} In this employment dispute involving a claim of constructive discharge, the Court of Appeals affirmed summary judgment in favor of the employer, Coca-Cola Enterprises (Defendant). On certiorari, we conclude, as a question of first impression in New Mexico, that Don Gormley (Plaintiff) has not shown that his working conditions rose to the level necessary to support a claim of constructive discharge. Accordingly, we affirm...

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