Aaro v. Tri Star Freight System - Guardian Ad Litem Appointment
Summary
The United States District Court for the District of New Mexico granted a joint motion appointing Keith Franchini as Guardian Ad Litem (GAL) for the minor plaintiffs C.C. and S.C. in the wrongful death action Aaro v. Tri Star Freight System, Inc. The GAL is tasked with reviewing any proposed minors' settlement and advising the court whether it is fair, reasonable, and in the best interest of the minor children, per the balancing test in Leyba v. Whitley. All immunities and privileges available to a GAL under Collins v. Tabet are extended to Franchini; GAL fees are to be paid by Defendant Royal K Trucking, Inc.
“The GAL shall advise the Court as to whether the proposed terms and conditions of the minors' settlement is fair, reasonable, and in the best interest of the Minor Children.”
About this source
GovPing monitors US District Court DNM Docket Feed for new courts & legal regulatory changes. Every update since tracking began is archived, classified, and available as free RSS or email alerts — 3 changes logged to date.
What changed
The District Court for the District of New Mexico entered an order appointing Keith Franchini as Guardian Ad Litem for the two minor plaintiffs in a wrongful death action. The GAL's role is limited to advising the court on the fairness and reasonableness of any proposed settlement on behalf of the minors — not to act as an advocate for the children. The court explicitly extended full GAL immunities and privileges to Franchini as an 'arm of the court' per Collins v. Tabet. No third-party compliance obligations are created by this order.
For parties and counsel in similar wrongful death matters involving minor plaintiffs in federal court: New Mexico courts apply the Leyba v. Whitley balancing test to GAL appointments and require GAL review of settlement terms for fairness and the minors' best interests before approving any disposition. The appointment does not affect the substantive wrongful death claims against the defendants.
Archived snapshot
Apr 24, 2026GovPing captured this document from the original source. If the source has since changed or been removed, this is the text as it existed at that time.
Jump To
Top Caption Trial Court Document
Support FLP
CourtListener is a project of Free
Law Project, a federally-recognized 501(c)(3) non-profit. Members help support our work and get special access to features.
Please become a member today.
March 6, 2026 Get Citation Alerts Download PDF Add Note
Rena Aaro, as Next Friend of C.C., a minor, as Next Friend of S.C., a minor, individually and as wrongful death Personal Representative of the Estate of Patrick Aaro, deceased v. Tri Star Freight System, Inc. and Jose Sanchez
District Court, D. New Mexico
- Citations: None known
- Docket Number: 1:24-cv-00270
Precedential Status: Unknown Status
Trial Court Document
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
RENA AARO, as Next Friend of C.C., a minor,
as Next Friend of S.C., a minor, individually and
as wrongful death Personal Representative of the
Estate of PATRICK AARO, deceased,
Plaintiffs,
vs. Cause No. 1:24-cv-00270-KG-GBW
TRI STAR FREIGHT SYSTEM, INC.
and JOSE SANCHEZ,
Defendants.
ORDER GRANTING JOINT MOTION FOR
APPOINTMENT OF GUARDIAN AD LITEM
THIS MATTER, having come before the Court on the joint motion of the Parties for its Order
appointing Keith Franchini as Guardian Ad Litem, and the Court having considered the Motion, and
having considered the factors and balancing test set forth by the New Mexico Supreme Court in Leyba
v. Whitley, 1995-NMSC-066, 120 N.M. 768, 907 P.2d 172, in determining the GAL’s duties and
responsibilities, finds that Keith Franchini is qualified and willing to serve as GAL in this matter.
The Court further finds that the Motion is well taken and should be GRANTED.
IT IS HEREBY ORDERED that Keith Franchini is appointed as Guardian Ad Litem
(“GAL”) for the Minor Children Plaintiffs C.C. and S.C. (“Minor Children”) with the following
duties, responsibilities, and limitations:
1. The GAL shall advise the Court as to whether the proposed terms and conditions of
the minors’ settlement is fair, reasonable, and in the best interest of the Minor Children. See Garcia
v. Middle Rio Grande Conservancy District, 1983-NMCA-047, 99 N.M.
2. Pursuant to Collins v. Tabet, 1991-NMSC-013, 111 N.M. 391, the GAL shall review
the proposed minors’ settlement and advise the Court regarding the facts forming the basis of the
proposed settlement as well as the terms and conditions of the proposed settlement, and advise
whether the proposed settlement is fair, reasonable, and in the best interest of the Minor Children.
3. The GAL shall not represent the Minor Children as an advocate, but only as a
functionary of the Court.
4. The responsibilities of the GAL under this requested appointment are to the Court and
not to the Minor Children. The appointment of the GAL in this matter shall not be requested to invade
or interfere with Minor Children’s representation by their legal guardians or legal counsel as
advocates.
5. There are strong public policy reasons to grant immunity to the GAL in this case, who
acts as an “arm of the court” and performs an essential role in this Court’s administration of justice.
All immunities and privileges available to a GAL, as set forth in Collins v. Tabet, shall be and hereby
are extended to Keith Franchini as the GAL in this matter.
6. The GAL’s fees shall be paid by Defendant Royal K Trucking, Inc.
7. I hereby appoint Magistrate Judge Gregory B. Wormuth to conduct all proceedings
regarding review and approval of settlement for the Minor Children and to enter any determination
and orders related to approval of settlement for the Minor Children.
/s/Kenneth J. Gonzales___________________
CHIEF UNITED STATES DISTRICT JUDGE
• Please note that this document has been
electronically filed. To verify its authenticity,
please refer to the Digital File Stamp on the
NEF (Notice of Electronic Filing)
accompanying this document. Electronically
filed documents can be found on the Court’s
PACER public access system.
SUBMITTED BY:
GARRETT LAW SMITH & ASSOCIATES LLC
Taylor E. Smith
/s/ Electronically approved 03/06/26 3 2 0 O suna Rd. NE Suite G3
Aaron Garrett Albuquerque, NM 87107
6739 Academy Rd. NE Suite 350 (505) 273-3873
Albuquerque, NM 87109 taylor@smithnmlaw.com
(505) 242-1920
aaron.garrettlaw@gmail.com Attorneys for Plaintiffs
-and-
PRIEST & MILLER, LLP
/s/ Darci A. Carroll
Ada B. Priest
Darci A. Carroll
302 8th Street, NW Suite 200
Albuquerque, NM 87102
(505) 349-2300
Ada@PriestMillerLaw.com
Darci@PriestMillerLaw.com
Attorneys for Tri Star Freight System, Inc.
Named provisions
Related changes
Get daily alerts for US District Court DNM Docket Feed
Daily digest delivered to your inbox.
Free. Unsubscribe anytime.
About this page
Every important government, regulator, and court update from around the world. One place. Real-time. Free. Our mission
Source document text, dates, docket IDs, and authority are extracted directly from US District Court D.N.M..
The summary, classification, recommended actions, deadlines, and penalty information are AI-generated from the original text and may contain errors. Always verify against the source document.
Classification
Who this affects
Taxonomy
Browse Categories
Get alerts for this source
We'll email you when US District Court DNM Docket Feed publishes new changes.
Subscribed!
Optional. Filters your digest to exactly the updates that matter to you.