Aranda v. Camacho

OPINION

BUSTAMANTE, Judge.

1. Plaintiff, Senaida Aranda, the mother and personal representative of the estate of Andrea Camacho, filed a wrongful death action against Defendant Richard Camacho alleging that he “negligently and/or intentionally” killed his wife, Andrea. Senaida sought damages on behalf of Andrea’s estate. Defendant moved to dismiss the complaint on the basis that he was the sole statutory beneficiary under the Wrongful Death Act, NMSA 1978, Sections 41-2-1 to -4 (Repl. Pamp.1996), and he had not authorized the suit. Further, he argued, he had not been convicted of first or…