Modrall Sperling’s Recent Success for New Mexico Employer

Modrall Sperling employment attorneys Jennifer Anderson and Elizabeth Martinez recently obtained successful rulings on motions to dismiss directed at a client’s former employee’s claims associated with a workplace accident that resulted in the death of his co-worker. The former employee alleged a number of negligence claims, including a claim for negligent infliction of emotional distress.

The Court held that the former employee’s negligence claims were barred by the exclusivity provisions of the Workers’
Compensation Act, and that a co-worker cannot pursue a claim for negligent infliction of emotional distress arising out of an employment relationship.