Section 4.4 Class 3 Beneficiaries (Plaintiff Ad Litem)

• Library: Settling Cases 2014

If there are no persons in either class 1 or 2, class 3 becomes relevant. Class 3 consists of a “plaintiff ad litem” appointed by a court having jurisdiction “upon application of some person entitled to share in the proceeds of such action.” Section 537.080.1(3), RSMo 2000. A plaintiff ad litem may not be appointed and cannot bring or settle a wrongful death action if any person in either of the two other classes is alive and capable of bringing the action. See Sims v. Arvin Indus., 770 S.W.2d 711, 712 (Mo. App. W.D. 1989).

Strict compliance with the plaintiff ad litem provisions is absolutely necessary; otherwise, a settlement or judgment may be overturned. For example, in Henderson v. Fields, 68 S.W.3d 455 (Mo. App. W.D. 2001), a father, mother, and daughter were killed in a car accident. The...