State ex rel. Stephens v. Henson

FLANIGAN, Presiding Judge.

Relators in this mandamus action (Rule 94)1 are the widow and four surviving children of Noble Stephens, who died on August 20, 1980, allegedly as a result of a collision between a vehicle driven by him and a train operated by St. Louis Southwestern Railway Company. In May 1981 Norma Stephens, the widow, brought a wrongful death action (“the first action”) against the railroad. On August 1, 1985, she voluntarily dismissed that action without prejudice.

*707On July 11,1986, Norma Stephens filed a new action (“the second action”) against the railroad in which she again…