· 1/5/1994
Draper v. Mountain States Mutual Casualty Co.
Citations
- 867 P.2d 1157
- 116 N.M. 775
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- emphasizing that the statute reduces the employer’s liability for workers’ compensation by the net amount an employee receives in uninsured motorist coverage
- explaining that the intention of the legislature will prevail over the strict meaning of the literal language
- stating that courts first look to the plain language of a statute and also examine an act in its entirety in order to construe legislative intent
- stating court first looks to plain language of statute and also examines act in its entirety to construe legislative intent
- “If the language of the statute is clear and unambiguous, it is to be given effect[.]”
- “If the language of the statute is clear and unambiguous it is to be given effect, with the exception that ‘the intention of the lawmaker will prevail over the literal sense of the terms, and its reason and intention will prevail over the strict letter.’”
Source: CourtListener parenthetical corpus (CC0).
Judges: Ransom, Baca, Montgomery
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.