Bagwell v. Shady Grove Truck Stop

715 P.2d 462, 104 N.M. 14
CourtNew Mexico Court of Appeals
DecidedFebruary 11, 1986
Docket8245
StatusPublished
Cited by26 cases

This text of 715 P.2d 462 (Bagwell v. Shady Grove Truck Stop) is published on Counsel Stack Legal Research, covering New Mexico Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bagwell v. Shady Grove Truck Stop, 715 P.2d 462, 104 N.M. 14 (N.M. Ct. App. 1986).

Opinion

OPINION

MINZNER, Judge.

Defendants Shady Grove Truck Stop and Commercial Union Assurance Companies appeal the award o’f temporary, total worker’s compensation benefits to plaintiff. We affirm.

BACKGROUND

Plaintiff returned to the work force nine years ago in order to support herself and her three children. She has an eighth-grade education and no formal job training. She first obtained work as a cook; later she was employed by Shady Grove Truck Stop as a waitress.

In a work-related accident at the truck stop on January 23,1980, she hurt her back and strained her left arm. She reported the accident, and she consulted a chiropractor, Dr. Graham. Commercial Union Assurance Companies paid her benefits for a brief period, until she returned to work.

It is undisputed that plaintiff subsequently fell again in a work-related accident. To break the fall, she grabbed a shelf, and she further injured her left arm. Again, she reported the accident and consulted Dr. Graham. She continued working, but she was assigned lighter work.

On July 4, she stopped working, due to continued and increasing pain. The insurer began paying weekly compensation and continued to do so until August 1981. The insurer also paid plaintiff’s medical expenses. The parties stipulated that plaintiff received compensation for sixty-two weeks and three days.

In July 1981, plaintiff was sent to a neurosurgeon for evaluation. He ordered a myelogram, which was negative, and he then released plaintiff for work. The insurer terminated plaintiff’s weekly benefits in 1981, but paid medical benefits until July 1982.

In January 1982, plaintiff retained Mr. Neumeyer to bring suit for further compensation benefits. In recounting her accident, she told him that the second fall occurred in March or April 1980; she had made the same statement to a number of the physicians who treated her after July 1980. Plaintiff filed suit for benefits in January 1982. Her complaint alleged an accident in March 1981, as a result of which plaintiff became totally disabled. Defendants answered the complaint, noting that if an accident occurred in March 1981, plaintiff had not notified them, although they had had notice of accidents on January 23, 1980 and June 2, 1980.

Defendants deposed plaintiff in April 1982. During that deposition, defendants’ counsel questioned plaintiff about the date of the second accident. It is undisputed that defendants’ counsel showed her the employer’s accident report and pointed out that it indicated a June 2, 1980, accident rather than one in March or April. Plaintiff indicated that x-rays were taken after the second accident and that Dr. Graham took those records in April 1980. The record contains evidence, however, that Dr. Graham took x-rays of plaintiff’s injuries in June 1980.

During that deposition, plaintiff ultimately stated that she did not remember the date she had the later accident. The deposition contains evidence that her memory for other details was poor.

On the morning of trial, in September 1984, defendants moved to dismiss. The motion anticipated plaintiff’s motion to amend her complaint, made orally the same day. The trial court took both motions under advisement. After finding for plaintiff, the trial court entered a conclusion of law that stated plaintiff’s motion should be granted. The court’s findings and conclusions were incorporated by reference into the final judgment.

Defendants have raised five issues on appeal. Stated generally, these issues are as follows:

1. Whether the trial court ruled improperly on plaintiff’s motion to amend and on defendants’ motion to dismiss.
2. Whether the finding of total disability is supported by substantial evidence.
3. Whether defendants were denied their due process right to a fair and impartial trial.
4. Whether the court’s findings on attorney’s fees are sufficiently specific and supported by the evidence.
5. Whether the final judgment is void for vagueness.

While this case was pending on appeal, plaintiff moved this court to award damages. Plaintiff’s motion contends that the appeal in this cause was “frivolous, not in good faith, and merely for purposes of delay.” See NMSA 1978, § 39-3-27. The motion has been held in abeyance, pending submission to a panel.

THE AMENDMENT OP PLAINTIFF’S COMPLAINT

Defendants contend the trial court erred in permitting plaintiff to amend her complaint to allege two accidental injuries, rather than one, and to state dates other than March 1981. Defendants’ argument has two parts.

First, defendants contend that the trial court failed to accomplish its purpose. No order was entered, permitting the amendment, and the judgment did not recite that the motion had been granted, although the findings and conclusions were incorporated by reference. These circumstances, however, did not prevent a proper amendment.

The trial court was authorized to amend the pleadings to cause them to conform to the evidence, at any time, even after judgment. See NMSA 1978, Civ.P.R. 15(b) (Repl.Pamp.1980). Failure to enter an order does not affect the result where trial of the complaint as amended occurred. Id. See also Irwin v. Lamar, 74 N.M. 811, 399 P.2d 400 (1964). The trial court proceeded properly by adopting appropriate findings of fact and conclusions of law. See State v. Fireman’s Fund Indemnity Co., 67 N.M. 360, 355 P.2d 291 (1960).

Defendants also contend that the trial court erred in permitting the amendment, because the claim asserted in the amended complaint was barred by the statute of limitations. Defendants argue on appeal that the complaint, as amended at trial in 1984, asserted a claim more than one year after the employer refused to pay compensation. See NMSA 1978, § 52-1-31(A).

Plaintiff has contended on appeal that the amended complaint relates back to the original date of the complaint. See Civ. P.R. 15(c). We agree.

Under Civ.P. Rule 15, the trial court may permit a party to amend his pleading when, in the discretion of the trial court, amendment seems appropriate on the facts. See Civ.P.R. 15(a); Constructors, Ltd. v. Garcia, 86 N.M. 117, 520 P.2d 273 (1974). A trial court’s decision to permit an amendment will not be disturbed unless there has been an abuse of discretion. Constructors, Ltd. v. Garcia. In this case, we hold the trial court properly exercised its discretion in permitting the amendment.

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Bluebook (online)
715 P.2d 462, 104 N.M. 14, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bagwell-v-shady-grove-truck-stop-nmctapp-1986.