This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.
Facts
A helicopter crash in 2018 resulted in the death of Paul David Cobb and injuries to his daughter, Andra Michelle Cobb. Andra pursued a personal injury claim, while Paul's estate pursued a wrongful death claim. A $14 million settlement was reached, with $7 million allocated to Andra. A dispute arose over the classification of Andra's settlement as personal injury or wrongful death proceeds, affecting attorney fees (paras 1-5).
Procedural History
- District Court, August 2023: The district court held a two-day evidentiary hearing and allocated Andra's settlement proceeds between personal injury and wrongful death, awarding attorney fees accordingly (paras 4-5).
Parties' Submissions
- Appellants (Gordon Rees Scully Mansukhani, LLP, and Robert Bragalone, Esq.): Argued that the entire settlement should be classified as personal injury proceeds, entitling them to attorney fees on the full amount. They challenged the district court's jurisdiction, standing, and contract interpretations, and proposed alternative theories for fee allocation (paras 6-7, 30-34).
- Appellees (Andra Michelle Cobb and John Day, Personal Representative of the Estate of Paul David Cobb): Argued that the settlement included both personal injury and wrongful death proceeds, supporting the district court's allocation. They contended that the district court had jurisdiction and standing to allocate the proceeds and that the contract interpretations were correct (paras 6-7, 30-34).
Legal Issues
- Did the district court have jurisdiction and standing to allocate the settlement proceeds and attorney fees? (paras 6-14)
- Did the district court correctly interpret the contracts involved in the case? (paras 16-29)
- Was the district court's allocation of attorney fees an abuse of discretion? (paras 30-35)
Disposition
- The New Mexico Court of Appeals affirmed the district court's decision to allocate the settlement proceeds and attorney fees (para 36).
Reasons
Per Hanisee J. (Medina C.J. and Henderson J. concurring):
The court found that the district court had jurisdiction and standing to allocate the settlement proceeds and attorney fees, as supported by New Mexico case law. The court agreed with the district court's interpretation of the contracts, finding substantial evidence that the settlement included both personal injury and wrongful death proceeds. The court also held that the district court did not abuse its discretion in rejecting the appellants' alternative theories for fee allocation, as the district court's findings were supported by credible testimony and evidence (paras 8-35).