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LEYBA v. WHITLEY

No. 22309.

907 P.2d 172 (1995)

120 N.M. 768

Candace LEYBA, conservator of the Estate of Phillip Leroy Urioste, a minor, Plaintiff-Petitioner, v. Joseph E. WHITLEY and Daniel W. Shapiro, Defendants-Respondents.

Supreme Court of New Mexico.

October 11, 1995.

Attorney(s) appearing for the Case

Catron, Catron & Sawtell, P.A., John S. Catron and W. Anthony Sawtell, Santa Fe, for Petitioner.

Threet & King, Martin E. Threet, Albuquerque, for Respondent Joseph E. Whitley.

McClaugherty, Silver & Downes, P.C., Joe L. McClaugherty and Cameron Peters, Santa Fe, for Respondent Daniel W. Shapiro.

Rodey, Dickason, Sloan, Akin & Robb, P.A., Edward R. Ricco and James P. Bieg, Albuquerque, for Amicus Curiae N.M. Defense Lawyers Ass'n.

Michael B. Browde, Albuquerque, for Amicus Curiae N.M. Trial Lawyers Ass'n.

OPINION

RANSOM, Justice.

1. Candace Leyba is the conservator for her minor son, Phillip LeRoy Urioste. In that capacity she sued attorneys Joseph E. Whitley and Daniel W. Shapiro for legal malpractice in their handling of a claim for the wrongful death of Phillip LeRoy's father, Phillip Urioste. As sole statutory beneficiary, Phillip LeRoy has been deprived of nearly $325,000 in net wrongful death proceeds obtained by Whitley and Shapiro. They paid the proceeds...

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