by appellant is best evaluated by the legislative branch and the determination of the appropriate format for such proposed legislative change, if any, is best weighed by the legislature. Hall v. Budagher, 76 N.M. 591, 417 P.2d 71 (1966). The sagacity of making changes in workmen’s compensation statutes, or rights created thereunder, has been generally held to be outside the province of the courts. Pedrazza v. Sid Fleming 544 P.2d 1153 (1976), (abolishing, the doctrine of sovereign immunity); Williamson v. Smith, 83 N.M. 336, 491 P.2d 1147 (1972) (abolishing defense of assumption of risk); Claymore v. City of Alb., 96 N.M. 682, 634 P.2d 1234 (20 N.M. Bar Bulletin 75 (1981) (abolishing defense of contributory negligence); Stotlar v. Hester, 92 N.M. 26, 582 P.2d 403 (Ct.App.1978) (<HOLDING>). Nevertheless, in light of New Mexico’s long
holding comparative negligence not defense to intentional tort recognizing tort of wrongful discharge holding that a negligence claim is not a personal injury tort claim recognizing tort of negligence by words holding tort of negligence must be based upon duty other that one imposed by contract