This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.
Facts
The case involves a wrongful death claim following the death of Richard Paiz, allegedly due to the negligence of Presbyterian Healthcare Services and other defendants. The plaintiff, acting as the personal representative of the wrongful death estate, filed claims without having petitioned for formal appointment as the personal representative at the time of filing (paras 3-4).
Procedural History
- District Court: The district court dismissed the wrongful death claims, concluding that the plaintiff lacked standing and the court lacked subject matter jurisdiction because the plaintiff had not been formally appointed as the personal representative before filing the claims (para 3).
- Lopez v. Presbyterian Healthcare Servs., 2024-NMCA-055: The Court of Appeals reversed the district court's decision, holding that the failure to petition for appointment as the personal representative before filing was not a jurisdictional defect (para 4).
Parties' Submissions
- Petitioners: Argued that the plaintiff's failure to comply with the requirements for appointing a wrongful death personal representative deprived the court of jurisdiction and that the Statutory Standing Rule and amendments to Rule 1-017 superseded previous case law (paras 4, 12).
- Respondents: Contended that the failure to petition for appointment as the personal representative was not a jurisdictional defect and that the proper remedy was substitution and relation back of a properly appointed personal representative (paras 4, 12).
Legal Issues
- Does the failure to petition for appointment as a wrongful death personal representative deprive a court of subject matter jurisdiction under the Statutory Standing Rule?
- Is formal appointment of a personal representative a prerequisite for standing in wrongful death actions under the Wrongful Death Act?
Disposition
- The Supreme Court of New Mexico affirmed the Court of Appeals' decision, holding that the failure to petition for appointment as the personal representative does not deprive a court of jurisdiction (para 5).
Reasons
Per Thomson, Chief Justice (Vigil, Bacon, Vargas, and Zamora JJ. concurring):
The court held that the Wrongful Death Act (WDA) creates a statutory cause of action, and standing is a jurisdictional prerequisite. However, the WDA does not require formal appointment of a personal representative before filing a claim. The court reaffirmed that failure to secure appointment before filing is not a jurisdictional defect, and the proper remedy is to substitute a duly appointed personal representative and relate that substitution back to the filing of the complaint. The court emphasized that the WDA's language does not impose a requirement for formal appointment, and Rule 1-017(B) does not create additional standing requirements beyond those in the WDA (paras 5, 16-23, 24-36).