Congratulations to Santa Fe partner, Caren Friedman, who presented argument on behalf of the Plaintiff in the New Mexico Court of Appeals on January 12, 2023. Plaintiff was catastrophically injured when the grossly overloaded and untethered scaffold on which he was working collapsed. In New Mexico, a negligence claim against an employer is barred by the exclusivity provision of the Workers Compensation Act. Caren argued that the employer’s intentional acts and omissions and utter disregard for the consequences allow Plaintiff’s claim to proceed. The Court will determine whether the district court erred in granting summary judgment in favor of the employer. You can listen to Caren’s argument in Camarena v. Superior Contracting Corp. d/b/a American Nat’l Insulation and Sealants, N.M. App., A-1-CA-39598; A-1-CA-39269 here.
