Estate of Lajeuenesse ex rel. Bowell v. Board of Regents of the University of New Mexico

OPINION

WECHSLER, Judge.

{1} W e 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 and that the maximum liability of $400,000 “to any person” under NMSA 1978, Section 41-4-19(A)(3) (2004) (amended 2007), applies. We affirm the judgment of the district court.