44TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 1999

RELATING TO CIVIL ACTIONS; AMENDING SECTION 41-2-3 NMSA 1978 (BEING LAWS 1882, CHAPTER 61, SECTION 3, AS AMENDED) TO CHANGE THE DISTRIBUTION OF PROCEEDS FROM WRONGFUL DEATH JUDGMENTS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. Section 41-2-3 NMSA 1978 (being Laws 1882, Chapter 61, Section 3, as amended) is amended to read:

"41-2-3. PERSONAL REPRESENTATIVE TO BRING ACTION--DAMAGES--DISTRIBUTION OF PROCEEDS.--Every [such] action [as] mentioned in Section [1821 (36-102)] 41-2-1 NMSA 1978 shall be brought by and in the name [or names] of the personal representative [or representatives] of [such] the deceased person, and the jury in every such action may give such damages, compensatory and exemplary, as they [shall] deem fair and just, taking into consideration the pecuniary injury [or injuries] resulting from [such] the death to the surviving party [or parties] entitled to the judgment, or any interest [therein] in the judgment, recovered in such action and also having regard to the mitigating or aggravating circumstances attending [such] the wrongful act, neglect or default. The proceeds of any judgment obtained in any such action shall not be liable for any debt of the deceased; provided [he or she shall have] the deceased has left a husband, wife, child, father, mother, brother, sister, or child or children of the deceased child, but shall be distributed as follows:

[First.] A. if there [be] is a surviving husband or wife and no child, then to [such] the husband or wife;

B. if there [be] is a surviving husband or wife and a child or children or grandchildren, then one-half to the surviving spouse and the remaining one-half equally to each, the grandchild or grandchildren taking by right of representation;

C. if there [be] is no husband or wife, but a child or children or grandchild or grandchildren, then to such child or children and grandchild or grandchildren by right of representation;

D. if [such] the deceased [be] is a minor, childless and unmarried, then to the father and mother who shall have an equal interest in the judgment, or if either of them [be] is dead, then to the survivor;

E. if there [be] is no father, mother, husband, wife, child or grandchild, then to a surviving brother or sister [or brothers or sisters] if there [be] are any; and

F. if there [be none of the] is no kindred [hereinbefore] as named in Subsections A through E of this section, then the proceeds of [such] the judgment shall be disposed of in the manner authorized by law for the disposition of the personal property of deceased persons."