{
  "id": 2800260,
  "name": "Charles Phillip SCOTT, Claimant, Plaintiff-Appellant, v. GENERAL EQUIPMENT COMPANY, Employer, and Hardware Mutual Company, Insurer, Defendants-Appellees",
  "name_abbreviation": "Scott v. General Equipment Co.",
  "decision_date": "1964-03-23",
  "docket_number": "No. 7374",
  "first_page": "73",
  "last_page": "75",
  "citations": [
    {
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      "cite": "74 N.M. 73"
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    {
      "type": "parallel",
      "cite": "390 P.2d 660"
    }
  ],
  "court": {
    "name_abbreviation": "N.M.",
    "id": 8835,
    "name": "Supreme Court of New Mexico"
  },
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    "id": 52,
    "name_long": "New Mexico",
    "name": "N.M."
  },
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      "cite": "70 N.M. 187",
      "category": "reporters:state",
      "reporter": "N.M.",
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      "weight": 2,
      "opinion_index": 0,
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      "cite": "69 N.M. 365",
      "category": "reporters:state",
      "reporter": "N.M.",
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      "weight": 3,
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  "last_updated": "2023-07-14T17:26:44.283414+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "CHAVEZ and NOBLE, JJ, concur."
    ],
    "parties": [
      "Charles Phillip SCOTT, Claimant, Plaintiff-Appellant, v. GENERAL EQUIPMENT COMPANY, Employer, and Hardware Mutual Company, Insurer, Defendants-Appellees."
    ],
    "opinions": [
      {
        "text": "MOISE, Justice.\nPlaintiff appeals from an order sustaining a motion for summary judgment and dismissing his workmen\u2019s compensation action.\nIt is plaintiff\u2019s position that the court erred in granting summary judgment because there were present material issues of fact as to the injury claimed to have been suffered, and as to compliance with \u00a7 59-10-13.4, N.M.S.A.1953, providing for written notice of the accident and injury, or waiving jt wher^ the employer, his superintendent, fpreman or other agent in charge of the work had actual knowledge of the occurrence of the accident. Because the notice question is decisive of this appeal, we discuss it only.\nThere is no disagreement concerning the rule, many times repeated by us, that disputed issues of material fact may not be decided on motion for summary judgment. Buffington v. Continental Casualty Company, 69 N.M. 365, 367 P.2d 539. However, here there is no contention by plaintiff that any written notice was given. On the contrary, he would come within \u00a7 59-10-13.4(B), N.M.S.A.1953, which excuses written notice if the \u201cemployer * * * or other agent in charge of the work in connection with which the accident occurred had actual knowledge of its occurrence.\u201d\nPlaintiff admits that neither the employer, his office manager, nor anybody else in authority was advised by him of the claimed accident and injury until some 13 days of more after its alleged occurrence, and then only in conversation. This is not a compliance with \u00a7 59-10-13.4, N.M.S.A.1953, in any sense.\nWe observed in Buffington v. Continental Casualty Company, supra, that we had never held that in order to have \u201cactual knowledge,\u201d personal witnessing of an accident by a superintendent, foreman or other agent in charge of work wa.s required. In that case we held that verbally advising the employer on the day following the claimed injury, when considered with the other facts there present, met the requirements of the statute. The oral reporting of an accidental injury on the day following its occurrence, together with the additional facts of Winter v. Roberson Construction Company, 70 N.M. 187, 372 P.2d 381, was held sufficient to support a finding of \u201cactual knowledge.\u201d\nIn Lozano v. Archer, 71 N.M. 175, 376 P.2d 963, we found \u201cactual knowledge\u201d under the particular facts there present where no one in authority actually saw the accident and no written notice had been given, but it was reported immediately.\nAdhering to the rule developed in these cases, we are not prepared to find \u201cactual knowledge\u201d which would serve to excuse written notice in a verbal statement to the employer long after the claimed accident giving rise to the injury. In the instant case, it was at least 13 days later, and possibly more, according to plaintiff\u2019s testimony viewed in its most favorable light. To hold otherwise would effectively nullify the requirement of written notice, and would stretch \u201cactual knowledge\u201d excusing the same beyond recognition.\nThe court having ruled correctly, the judgment appealed from is affirmed.\nIt is so ordered.\nCHAVEZ and NOBLE, JJ, concur.",
        "type": "majority",
        "author": "MOISE, Justice."
      }
    ],
    "attorneys": [
      "I-I. O. Robertson, John W. Reynolds, Silver City, for appellant.",
      "LaFel.E. Oman, Garnett R. Burks, Jr., Las Cruces, for appellees."
    ],
    "corrections": "",
    "head_matter": "390 P.2d 660\nCharles Phillip SCOTT, Claimant, Plaintiff-Appellant, v. GENERAL EQUIPMENT COMPANY, Employer, and Hardware Mutual Company, Insurer, Defendants-Appellees.\nNo. 7374.\nSupreme Court of New Mexico.\nMarch 23, 1964.\nI-I. O. Robertson, John W. Reynolds, Silver City, for appellant.\nLaFel.E. Oman, Garnett R. Burks, Jr., Las Cruces, for appellees."
  },
  "file_name": "0073-01",
  "first_page_order": 125,
  "last_page_order": 127
}