Widow Can Pursue Tort Recovery from Employer for Worker's Death while Driving Drunk

The New Mexico Court of Appeals last week revived a widow's wrongful-death claims against her late-husband's employer after he died in a car wreck on a business trip while driving drunk in a company vehicle, deciding that exclusive remedy did not bar the lawsuit. At the time he died, Manuel Armenta had a blood-alcohol level of .23 – almost three times the legal limit for intoxication in New Mexico. According to MedicineNet.com, a 180-pound man would need to consume about 10 drinks in less than an hour to reach a BAC that high. But under New Mexico's laws, a worker who is hu...