AI Generated Opinion Summaries

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 dispute over the eligibility of Tyler Aragon (Father) to receive settlement proceeds from a wrongful death claim following the death of his son, Brandon Lucero. The Father and Crystal Lucero (Mother) had twins who were born medically fragile. The Father argued that he did not intend to abandon his children and had stayed away initially because he did not want to get attached if they died and due to perceived hostility from the Mother and her family. He also claimed to have prepared for fatherhood and paid child support once paternity was established. The Mother, however, presented evidence that the Father had broken off contact after learning of the pregnancy, did not participate in the children's care, and had minimal involvement in their lives.

Procedural History

• [Not applicable or not found]

Parties' Submissions

• Father: Argued that he did not intend to abandon his children and had stayed away due to not wanting to get attached if they died and due to hostility from the Mother and her family. He claimed to have prepared for fatherhood and paid child support once paternity was established. He also mentioned visiting the twins in the hospital and attending Brandon's funeral.
• Mother: Presented evidence that the Father broke off contact after learning of the pregnancy, did not participate in the children's care, and had minimal involvement in their lives. She argued that the Father had not fulfilled the legal obligations of a parent except for paying child support once ordered to do so.

Legal Issues

• Whether the district court erred in concluding that Father was not eligible as a statutory beneficiary to settlement proceeds from the wrongful death claim.

Disposition

• The Court of Appeals affirmed the district court's order that declared the Father was not entitled to receive any of the proceeds of the wrongful death settlement.

Reasons

• The Court of Appeals, with Judge Michael D. Bustamante authoring the opinion and Judges James J. Wechsler and Jonathan B. Sutin concurring, held that the Mother sustained her burden of showing that the Father abandoned Brandon prior to his death by a preponderance of the evidence. The court emphasized that abandonment is defined by the outward behavior of the parent and does not require an inquiry into the parent’s concealed intentions. It was noted that the Father had not demonstrated a willingness to establish or accept a loving responsibility for Brandon, had minimal involvement in his life, and had not sought custody or provided meaningful care. The court deferred to the district court judge's ability to resolve conflicts in the evidence, weigh the facts, and determine the credibility of the witnesses, ultimately finding substantial evidence supporting the district court's conclusion that the Father was not entitled to the wrongful death settlement proceeds.