Section 4.6 Beneficiaries Can Only Bring One Action Against Each Defendant

• Library: Settling Cases 2014

As noted in §§4.1 and 4.2 above, § 537.080, RSMo 2000, only allows for one wrongful death action against a particular defendant for the death of a person. If an application for settlement or a lawsuit has already been filed and a potential claimant attempts to file a second action, the second court will either dismiss the lawsuit or consolidate it with the first one. See Snead by Snead v. Zephyr Transp., Inc., 819 S.W.2d 776 (Mo. App. W.D. 1991), the companion case to Snead by Snead v. Cordes by Golding, 811 S.W.2d 391 (Mo. App. W.D. 1991). The proper action for a potential class member to take if an action has already been filed is to file a motion to intervene.

But it should be noted that § 537.080.2 does not prevent relatives from filing and proceeding on separate lawsuits against different defendants for the death of a decedent. Manes v. Depew, 987 S.W.2d 527, 529 (Mo. App. E.D. 1999). In a case of first impression, the Eastern District of the Court of Appeals stated that “[t]he legislature did not intend to prevent different relatives from suing different defendants for the wrongful...