NM Court of Appeals Schedules September 20 Hearing

September 22, 2011 - Jen Laws

The New Mexico Court of Appeals has scheduled a hearing at the Pamela B. Minzner Law Center on Tuesday, September 20, 2011. The oral argument is open to the public and begins at 2:00 pm.

A three-judge panel will preside: Chief Judge Celia Foy Castillo ('81), Judge Jonathan B. Sutin (`63), and Judge Cynthia A. Fry ('81).

Following are the details of the case:

CHERYL SCHULTZ, on behalf of KEVIN SCHULTZ, deceased, Worker-Appellant, represented by George Wright Weeth

vs.

POJOAQUE TRIBAL POLICE DEPARTMENT, and NEW MEXICO MUTUAL CASUALTY COMPANY, Employer/Insurer-Appellees, represented by Richard J. Shane and Kristin J. Dalton

Plaintiff-Appellant appeals the trial court's finding that 911 dispatchers are not subject to the same waiver of immunity as law enforcements officers under the New Mexico Tort Claims Act.

Worker-Appellant's Brief in Chief
Employer/Insurer-Appellees' Answer Brief
Worker-Appellant's Reply Brief

Worker-Appellant challenges the finding the decedent was not killed in the course of his employment, as well as the finding that the statute of limitations was not tolled.

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