McGinn & Carpenter, Campbell, Montoya & Love, P.A

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.


Rummel v. Lexington Ins. Co., et al., 123 N.M. 752 (1997).

As a clerk for Circle K convenience store, Ken Rummel was required to work alone on the graveyard shift and confront and attempt to apprehend shoplifters.  Three shoplifters beat him and kicked him in the face until he suffered extensive brain damage.  After the jury gave Mr. Rummel a substantial verdict against Circle K, including punitive damages, this New Mexico Supreme Court case allowed us to pursue Circle K’s insurance carriers for bad faith in failing to protect the company by paying a reasonable settlement offer before trial.

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

 

 
 

Wrongful Death | Accident Injury | Medical Malpractice | Birth Injury | Gas Plant Explosion | Civil Rights
Criminal Defense | Convenience Store Violence | Products Liability | Work Injury
Nursing Home Negligence/Elderly Abuse and Neglect | Appellate Court Decisions