Eldridge v. Circle K Corp., 123 N.M. 145 (Ct. App. 1997).

New father Paul Salazar was shot and killed while working alone on the graveyard shift at a Circle K convenience store with inadequate security. The New Mexico Court of Appeals held that his surviving daughter would be allowed to bring a claim for his death outside the Workers' Compensation Act in state district court. The case settled for enough to take care of his daughter for the rest of her life. Paul’s family later testified before the New Mexico Environmental Improvement Board and helped establish state wide regulations requiring convenience stores to enact numerous security measures, including having 2 clerks on the graveyard shift or placing lone clerks behind bulletproof enclosures.

Past successes cannot be an assurance of future success because each case must be decided on its own merits.