Home -> Law Blog Directory -> State Law Blogs -> Showmeblawgs

State Law

: Showmeblawgs

By stan_sipple

Missouri Supreme Court allows grandmother's plaintiff ad litem appointment to relate back to the date she filed a wrongful death petition against defendants for her granddaughter's shooting death. Eleanore Thorson, Appellant v. Elizabeth Connelly, Robert Palmer, and Betty Palmer, Respondents. : SC88594Where a wrongful death action is initiated within the limitations period by a person who has a "beneficial interest" in the action, but who, for lack of a court appointment, is not authorized to bring suit, "the substitution by amendment of the plaintiff suing in the proper capacity, or the joinder of the necessary additional parties plaintiff, after the lapse of the [limitations] period, will relate back to the time of filing the original action and the intervening running of the statute of limitations will not bar the maintenance of the suit by the substituted plaintiff?."Forehand v. Hall, 355 S.W.2d 940 at 945 (Mo. banc 1962). On the other hand, if the original action was filed by one who has "no legal or beneficial interest in its subject matter, the substitution of a proper party plaintiff after the statute of limitations has run will not relate back, but will be treated as a new action, which is barred by the statute of limitations." Id. a grandmother, is one of the persons who can share in the proceeds of a wrongful-death judgment, Section 537.095 RS Mo. Rule 55.33(c), which applies to amendments to pleadings states "whenever a claim ? asserted in the amended pleading arose out of the ? occurrence set forth or attempted to be set forth in the original pleading, the amendment relates back to the date of the original pleading." Rule 55.33(c). Here, Grandmother is a living heir of deceased granddaughter and has a beneficial interest in the wrongful death action. Her appointment as plaintiff ad litem will relate back to the date she filed suit.

Full post as published by Showmeblawgs on March 02, 2008 (boomark / email).