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ESKEW V. NATIONAL FARMERS UNION INS. CO., 2000-NMCA-093, 129 N.M. 667, 11 P.3d 1229
GARY and VICKIE ESKEW, Plaintiffs-Appellants,
vs.
NATIONAL FARMERS UNION INSURANCE COMPANY and ENMR TELEPHONE
COOPERATIVE, Intervenors-Appellees, MICHAEL A.
ROWLEY, M.D. and MARIO A. GUTIERREZ, M.D.,
Defendants (not parties to appeal).

Docket No. 20,625
COURT OF APPEALS OF NEW MEXICO
2000-NMCA-093, 129 N.M. 667, 11 P.3d 1229
September 18, 2000, Filed

APPEAL FROM THE DISTRICT COURT OF QUAY COUNTY. Wendy York, District Judge.  
Released for Publication October 26, 2000.
COUNSEL
John R. Polk, Clara Ann Bowler, Albuquerque, NM, for Appellants.
David L. Skinner, Albuquerque, NM, for Appellees.


JUDGES
JAMES J. WECHSLER, Judge. WE CONCUR: LYNN PICKARD, Chief Judge, MICHAEL D. BUSTAMANTE, Judge. AUTHOR: JAMES J. WECHSLER

OPINION
{*668} WECHSLER, Judge.
{1} Plaintiffs-Appellants Gary and Vickie Eskew (collectively, Employee) and Intervenors-Appellees National Farmers Union Insurance Company and ENMR Telephone Cooperative (collectively, Insurer) dispute whether Insurer may be assessed costs when there was no net recovery for Employee in his lawsuit against alleged tort-feasors. The trial court ruled as a matter of law that Insurer could not be assessed any share of the costs. We reverse.  

Facts
{2} Employee was injured at work. Insurer paid benefits under the Workers' Compensation Act, NMSA 1978

Download 2000-NMCA-093.pdf

New Mexico Law