Personal Injury Law

Missouri's Courts Allow Interested Parties to Join Lawsuits Through What is Called Intervention

By Ryan Bradley, Esq.

Today, Judge Dildine, in the Circuit Court of Lincoln County, Missouri granted our Motion to Intervene and assert claims for Wrongful Death on behalf of a family whose mother was killed in a car wreck in Lincoln County. The claim was initially filed by an insurance company as an Interpleader cause of action. However, the family wanted to file it's wrongful death claims against the operator of a car which caused their loved one's death.

Here is the Motion I filed with the Court, which cites Missouri Rule of Civil Procedure 52.12. I figured this motion may come in handy for someone who wants to intervene in a currently pending lawsuit.

MOTION TO INTERVENE
COMES NOW [PERSON WHO WANTS TO INTERVENE], by and through his attorneys, The Bradley Law Firm, LLC and E. Ryan Bradley, and hereby moves pursuant to Rule 52.12 to Intervene in this suit and in support thereof states to the Court as follows:
1. [PERSON WHO WANTS TO INTERVENE] is the son of DECEDENT, who died in the car wreck that is the subject matter of Plaintiff?s Interpleader action.
2. Missouri Rule of Civil Procedure 52.12, named ?Intervention,? states in sub-part (a) thereof, ?Intervention of Right. Upon timely application anyone shall be permitted to intervene in an action: (1) when a statute of this state confers an unconditional right to intervene ?.?
3. Missouri Revised Statute 537.080 confers an unconditional right to PERSON WHO WANTS TO INTERVENE, as the son of DECEDENT, deceased, to prosecute a cause of action for wrongful death against Plaintiff?s insured, PERSON WHO CAUSES CRASH, for his negligence in causing the death of DECEDENT.
4. Attached hereto as ?Exhibit 1? is INTERVENOR?s Petition for Wrongful Death, setting forth his claims.

WHEREFORE, INTERVENOR prays for this Court to grant his Motion to Intervene as a Party Plaintiff, Order the Circuit Clerk to enter Exhibit 1 as being filed and for any such other and further relief as this Court deems appropriate.

Full post as published by Missouri Accident Lawyer Blog on February 17, 2009 (boomark / email).