 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Trujillo v. Northern Rio Arriba Electric Cooperative12/6/2001
ns but are not recoverable under the Human Rights Act.") (relying upon Behrmann v. Phototron Corp., 110 N.M. 323, 328, 795 P.2d 1015, 1020 (1990)).
III. CONCLUSION
We reverse the claim under the Human Rights Act for discharge because of a medical condition as well as the claims for retaliatory discharge, breach of implied contract, intentional infliction of emotional distress, and loss of consortium. The award of compensatory and punitive damages and the order on attorney's fees, costs, and prejudgment interest are also reversed. We note that the award of attorney's fees and costs was inconsistent with our holding in Gonzales, 2000-NMSC-029, 35-36, that a complainant could receive attorney's fees only for claims under the Human Rights Act. See also Gandy, 117 N.M. at 443, 872 P.2d 859 at 61 (" attorney's fees are recoverable under the [Human Rights] Act, but generally are not recoverable in a tort action.") (citations omitted); cf. Gaglidari v. Denny's Rests, Inc., 815 P.2d 1362, 1375 (Wash. 1991) (en banc) ("Segregation is required where attorney fees are authorized for only some of the claims.").
IT IS SO ORDERED.
GENE E. FRANCHINI, Justice
WE CONCUR:
PATRICIO M. SERNA, Chief Justice
JOSEPH F. BACA, Justice
PAMELA B. MINZNER, Justice
PETRA JIMENEZ MAES, Justice
Page 1 2 3 4 5 6 7 8 9 10 New Mexico Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|