(DOWNLOAD) "Martin-Martinez v. 6001" by New Mexico Court of Appeals " eBook PDF Kindle ePub Free
eBook details
- Title: Martin-Martinez v. 6001
- Author : New Mexico Court of Appeals
- Release Date : January 14, 1998
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
Certiorari granted No. 25,455, November 30, 1998 APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY ROBERT L. THOMPSON, District Judge OPINION {1} This appeal raises questions concerning the applicability of the exclusivity provisions of the Workers' Compensation Act (Act), NMSA 1978, § 52-1-6(D), (E) (1990) (effective January 1, 1992), § 52-1-8 (1989), and § 52-1-9 (1973). Plaintiff, Tina Martin-Martinez, filed her complaint against her employer, 6001, Inc., and Kenny Blume, a manager at the club, for intentional torts and negligence. The district court granted summary judgment to 6001, Inc. on all claims based on the exclusionary provisions of the Act. In her appeal, Plaintiff argues that: (1) 6001, Inc. engaged in intentional actions toward Plaintiff not compensable under the Act either because Defendant Blume was the alter ego of 6001, Inc., or because the circumstances support a reasonable inference that 6001, Inc. directly intended to harm Plaintiff; (2) the Act does not apply because Blume assaulted Plaintiff after her discharge from employment; and (3) 6001, Inc. waived the exclusivity provisions of the Act. We affirm the grant of summary judgment. Facts {2} Plaintiff was employed by 6001, Inc. as a dancer at TD's Showclub. According to Plaintiff's complaint, at approximately 1:30 a.m. on December 31, 1995, at the end of her shift, Plaintiff noticed that items of her clothing were missing from her locker. She summoned Joe Reese, the manager on duty that night at the club. Kenny Blume, another manager, came into the locker room after Reese and ordered the other employees out of the room while Reese spoke with Plaintiff. Blume then yelled at Plaintiff using obscenities, struck her in the chest, fired her, and ordered her to leave the club. When Plaintiff reached into her locker to remove her personal belongings, Blume slammed the locker door on Plaintiff's hand, breaking a finger. Plaintiff's complaint requests damages from 6001, Inc. and Blume for ""past and future expenses, lost earnings, past and future pain and suffering, temporary and permanent imparement [sic], disfigurement, emotional distress, humiliation, and punitive damages"" for claims of assault, battery, and negligence of both 6001, Inc. and Blume.