NM Court of Appeals Schedules November 15 Hearings

NM Court of AppealsThe New Mexico Court of Appeals has scheduled hearings at the Pamela B. Minzner Law Center on Tuesday, November 15, 2011. The oral arguments are open to the public and begin at 10 am and 2 pm.

A three-judge panel will preside at the 10 am hearing: Judge James J. Wechsler, Judge Linda M. Vanzi (’95), and Judge Timothy L. Garcia (’84).

Following are the details of the cases:

LARRY SELK, by and through his Conservator and Co-Guardian Rani Rubio, Plaintiff-Appellee/Cross-Appellant, represented by Carl J. Bettinger, Gregory W. Chase, Robin A. Goble, Thomas E. Lilley, R. Ted Cruz, Allyson N. Ho and Claire Swift Kugler

vs.

RES-CARE NEW MEXICO, INC., and RES-CARE, INC., Defendants-Appellants/Cross-Appellees, represented by Terrance P. Yenson, Matthew L. Connelly, April D. White, David Bradford, Paul M. Smith and Matthew S. Hellman

Defendants-Appellants appeal the trial court decision based on the grounds that the parent company cannot be held liable for the subsidy company’s employees’ actions and on the grounds that the award to the Plaintiff-Appellee was excessive. Plaintiff-Appellee appeals the reduction of punitive damages by the trial court.

Defendants-Appellants’ Brief in Chief
Plantiff-Appellee’s Answer Brief
Defendants-Appellants' Reply Brief
Plaintiff-Appellee's Brief in Chief
Defendants-Appellants' Answer Brief
Plaintiff-Appellee’s Reply Brief
Amicus Curiae Brief of the ARC of New Mexico

A three-judge panel will preside at the 2 pm hearing: Judge Linda M. Vanzi (’95) Judge Timothy L. Garcia (’84) and Judge J. Miles Hanisee.

JACKSON CONSTRUCTION, INC., a New Mexico Corporation and Paul Jackson, Qualifying Party for Jackson Construction, Inc., Plaintiffs-Appellees, represented by Robert M. Doughty II

vs.

GLENN R. SMITH, in his capacity of Director, STATE OF NEW MEXICO WORKERS' COMPENSATION ADMINISTRATION, Defendant-Appellant, represented by Robert Y. Baca

Appellant argues that the trial court erred in finding that NMSA 1978, §52-1-6’s requirement for Workers’ Compensation Insurance for CID businesses did not apply to a general contracting company with only a single executive employee.

Appellant’s Brief in Chief
Appellees’ Answer Brief
Appellant’s Reply Brief

For more information, contact Nora Gonzales at 505-841-4618.

November 9, 2011