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ESTATE OF LAJEUENESSE v. UNIV. OF N.M.

No. 30,969.

292 P.3d 485 (2012)

2013-NMCA-004

The ESTATE OF Reuben LAJEUENESSE, by and through Personal Representative Frances BOSWELL, Plaintiff-Appellant/Cross-Appellee, v. BOARD OF REGENTS OF the UNIVERSITY OF NEW MEXICO, a body corporate of the State of New Mexico, for itself and its public operations including University of New Mexico Health Sciences Center and its components the University of New Mexico Hospital and University of New Mexico School of Medicine, Defendants-Appellees/Cross-Appellants.

Court of Appeals of New Mexico.

Certiorari Granted, December 6, 2012, No. 33,878.

Attorney(s) appearing for the Case

Tucker Law Firm, P.C., Steven L. Tucker , Santa Fe, NM, Curtis & Lucero, Lisa K. Curtis , Amalia S. Lucero , Albuquerque, NM, for Appellant/Cross-Appellee.

Simone, Roberts & Weiss, P.A., David W. Frizzell , Meena H. Allen , Albuquerque, NM, for Appellees/Cross-Appellants.

OPINION

WECHSLER, Judge.

{1} We address in this appeal tension between the Tort Claims Act (TCA), NMSA 1978, §§ 41-4-1 to -30 (1976, as amended through 2010), and the Wrongful Death Act (WDA), NMSA 1978, §§ 41-2-1 to -4 (1882, as amended through 2001), as to the maximum liability of a government entity in a wrongful death action when there is one decedent and multiple statutory beneficiaries. We hold that the TCA prevails...

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