Thigpen v. County of Valencia

This workmens compensation case involves the unexplained death of Deputy Sheriff Thigpen. The trial court dismissed the widows claim for compensation at the close of plaintiffs case. The parties argue the sufficiency of the evidence to support certain of the trial courts findings and the failure of the trial court to adopt certain of plaintiffs requested findings. See, Herbert v. Sandia Savings & Loan Association, 82 N.M. 656, 486 P.2d 65 (1971). Plaintiffs proof is at this point uncontradicted. The issue is a question of law -- whether under the uncontradicted proof the trial court could properly find at the close of the plaintiffs case that the deputys death did not arise out of and in the course of employment. Ensley v. Grace, 76 N.M. 691, 417 P.2d 885 (1966).