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PADILLA v. WALL COLMONOY CORP.

No. 25,638.

145 P.3d 110 (2006)

2006-NMCA-137

Lorie PADILLA, individually and as Personal Representative of the Estate of Joseph M. Padilla, Plaintiff-Appellee, v. WALL COLMONOY CORPORATION and Daniel Nazzarett, Defendants-Appellants.

Court of Appeals of New Mexico.

As Revised October 31, 2006.

Attorney(s) appearing for the Case

James A. Branch, Jr., Law Office of James A. Branch, Jr., LLC, Ronald T. Taylor, Ronald Taylor Law Office, Albuquerque, NM, for Appellee.

Kerri L. Allensworth, Foster Johnson McDonald Lucero Koinis, Albuquerque, NM, for Appellants.

Daniel P. Ulibarri, O'Brien & Ulibarri, P.C., Albuquerque, NM, for Amicus Curiae N.M. Defense Lawyers Association.

Randi McGinn, Albuquerque, NM, Caren I. Friedman, Santa Fe, NM, for Amicus Curiae N.M. Trial Lawyers Association.

OPINION

FRY, Judge.

{1} This workplace tort case presents the question of whether our Supreme Court's decision in Delgado v. Phelps Dodge Chino, Inc., 2001-NMSC-034, 131 N.M. 272, 34 P.3d 1148, applies to acts or omissions that are alleged to have occurred before that decision was issued. Unpersuaded that retroactivity would be unfair to employers or that the presumption...

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