Angela Martinez v. Olivia Montoya

Aztec, New Mexico personal injury wrongful death lawyer represented the Plaintiffs.

Angela Martinez and Manuel Montoya brought a wrongful death claim for the death of their daughter, Zyanna Montoya (Decedent). Appellant Olivia Montoya, Decedent's grandmother, moved to intervene under Rule 1-024(A) NMRA, arguing that as a matter of right she was entitled to be a party because, at the time, she was the legal guardian of E.M.,[1] Decedent's younger sibling, who may be eligible to receive proceeds from a judgment on the claim. The district court denied Appellant's motion, reasoning that Rule 1-024(B) controlled and that allowing intervention at this point "would be confusing and cumbersome for any third party to deal with competing claims of representation." Before us, Appellant argues that (1) she has a clear interest in the wrongful death litigation; and (2) the district court erred in not allowing Appellant to intervene to present evidence concerning whether Appellees should be equitably estopped from recovering wrongful death benefits and from seeking court assistance to recover such benefits.



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Affirmed



Martinez v. Montoya, A-1-CA-41269 (N.M. App. Sep 16, 2024)