Negligence: Wrongful Death – Motion To Intervene – Absolute Right

Stephanie Maniscalco//January 4, 2012//

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Where the parents of a decedent moved to intervene in the wrongful death action brought by the son and ex-husband of the decedent, the trial court’s denial of the motion is reversed because while the statute does not require joinder of all persons identified in the relevant subsection, if such persons make a timely motion to intervene, they have “an absolute right to join” and are entitled to intervene as a matter of right.

Judgment is reversed and remanded.

Martin, et al. v. Busch, et al. (MLW No. 63146/Case No. ED96814 – 7 pages) (Missouri Court of Appeals, Eastern District, Romines, J.) Appealed from circuit court, Cape Girardeau County, Syler, J. (Mathew W. Placzek, Jenifer M. Placzek, Jonathan P. Davis, Timothy W. Monsees, David M. Mayer, Andrew S. LeRoy and John Q. Kelly for appellants) (John P. Heisserer, Malcolm H. Montgomery and Maurice B. Graham for respondents).

Read the full text of this opinion. (PDF)