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

• Court: District Court, D. New Mexico
• Decided: March 6, 2026
• Docket: 1:24-cv-00270
• Status: Unknown

Opinion

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.