(Download) "Bracken V. Yates Petroleum Corp." by New Mexico Supreme Court # Book PDF Kindle ePub Free
eBook details
- Title: Bracken V. Yates Petroleum Corp.
- Author : New Mexico Supreme Court
- Release Date : January 26, 1988
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
This case is before the Court on writ of certiorari to the court of appeals which had affirmed the dismissal of a worker's compensation claim filed in an improper venue. James Bracken suffered a fatal heart attack at his worksite while performing duties for his employer, Yates Petroleum Corp. It is uncontroverted that the injury occurred in Santa Fe County and that Bracken resided in Lea County. His wife's first attorney, however, filed her worker's compensation claim in Bernalillo County approximately 27 days prior to the expiration of the one-year period of limitations. The employer answered that the action must be dismissed for improper venue and under the doctrine of forum non conveniens. Bracken moved the court for a change of venue. The court, however, dismissed the complaint for lack of venue. Such a dismissal is not an adjudication on the merits. See SCRA 1986, 1-041(B). It is, nonetheless, a final order for purposes of appeal. See Bralley v. City of Albuquerque, 102 N.M. 715, 699 P.2d 646 (Ct. App. 1985).