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Date: 02-20-2025
Case Style:
Case Number: A-1-CA-41902
Judge: Douglas W. Decker
Court: District Court, Jan Juan County, New Mexico
Plaintiff's Attorney:
Defendant's Attorney:
Description: Farmington, New Mexico personal injury lawyer represented the Plaintiff seeking a declaratory judgment.
Plaintiff sought a declaratory judgment that defendant was not entitled to a portion of a wrongful death settlement, pursuant to the Wrongful Death Act (WDA), NMSA 1978, Section 41-2-1 to -4 (1882, as amended through 2001),
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FAMILY LAW. WRONGFUL DEATH ACT. The case addresses the issue of whether a father, who allegedly abandoned his minor child, could be barred from claiming settlement benefits under the Wrongful Death Act following the child's death.
CIVIL PROCEDURE. DECLARATORY JUDGMENT. The court considered whether the district court erred in issuing a declaratory judgment that excluded the father from receiving any settlement proceeds, due to a lack of clarity regarding the source of the settlement benefits.
Key Phrases Estate of Casey Jordan Marquez. Declaratory judgment. Wrongful Death Act. Abandoned minor child. Settlement benefits
Outcome: Affirmed on appeal.
Plaintiff's Experts:
Defendant's Experts:
Comments: