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LIBERTY MUT. INS. CO. v. SALGADO

No. 25,302.

125 P.3d 664 (2005)

138 N.M. 685

2005-NMCA-144

LIBERTY MUTUAL INSURANCE COMPANY and Atlas Resources, Plaintiffs-Appellants, v. Richard SALGADO, Defendant-Appellee.

Court of Appeals of New Mexico.

November 16, 2005.

Attorney(s) appearing for the Case

Rodey, Dickason, Sloan, Akin & Robb, P.A., Edward Ricco, Jocelyn C. Drennan, Albuquerque, NM, for Appellants.

Dines & Gross PC, Robert A. Corchine, Steven J. Leibel, Albuquerque, NM, for Appellee.

OPINION

PICKARD, Judge.

{1} This appeal involves the right of an employer and its insurer (Plaintiffs) to pursue an action against an allegedly negligent third-party defendant (Defendant) to recover workers' compensation benefits paid to two injured workers. On appeal, Plaintiffs argue that the district court erred in dismissing Plaintiffs' claims against Defendant because Gutierrez v. City of Albuquerque,

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