360 S.W.3d 854
Mo. Ct. App.2011Background
- Adrienne Martin died under suspicious circumstances on 19 December 2010 at Busch's home; she is survived by her minor son Blake, and by her father Eby and mother Trampler.
- In March 2011, Placzek informed Kevin Martin of his understanding of wrongful-death statutes and sought to discuss intentions in the matter.
- On 29–31 March 2011, Martin petitioned to become Conservator/Natural Guardian of the son, was appointed, and filed a wrongful-death action; Busch answered.
- The case was moved from St. Louis County to Cape Girardeau County for venue; Martin notified Eby and Trampler by certified mail.
- Eby and Trampler filed motions to intervene in Cape Girardeau County; the circuit court denied the interventions after a hearing in May 2011; they appealed.
- The court reverses, holding Section 537.080.2 and related statutes give an unconditional right to intervene to class members, and remands for intervention by Eby and Trampler.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Section 537.080.2 provides an unconditional right to intervene | Eby/Trampler: they have an absolute right to intervene as class-1 beneficiaries | Busch: intervention not automatic; court discretion controls | Yes; appellate remands to allow intervention by Eby and Trampler |
| Whether intervention must occur before settlement and within proper time | Interventions filed within 21 days of petition and before settlement | Unclear from text; circuit court denied intervention | Intervention proper; remand to permit participation before settlement |
| Effect of intervention on rights of intervenors | Intervenors gain rights of any party to protect their interests | Not asserted here | Intervenors’ rights become those of other parties to the litigation upon intervention |
Key Cases Cited
- State ex rel. Nixon v. American Tobacco Co., Inc., 34 S.W.3d 122 (Mo. banc 2000) (denial of intervention requires substantial evidence or improper application of law)
- Slibowski v. Kimberlin, 504 S.W.2d 237 (Mo.App.1973) (wrongful death action statutory framework creates right to sue and conditions of action)
- Sehiles v. Gaertner, 659 S.W.2d 791 (Mo.App. E.D.1983) (read sections 537.080 and 537.095 together; favors joinder/intervention for class-1 beneficiaries)
- Fitzpatrick v. Hannibal Regional Hosp., 922 S.W.2d 840 (Mo.App. E.D.1996) (recognizes right to intervene under Rule 52.12(a) when statute confers unconditional right)
- Beard v. Jackson, 502 S.W.2d 416 (Mo.App.1973) (intervenor, once permitted, may set up affirmative defenses or causes of action)