Kathryn Love and Delores Henry v. Paul Piatchek, Defendants/Respondents.

CONCURRING OPINION *

Lisa Van Amburg, Presiding Judge

I concur in the holding of the majority, as legal precedent requires, but write separately to shed" light on the fact that Mother’s claim would have been timely but for apparent systemic and collective failures in the original case.1

The legislative mandate of the wrongful death statute is clear: “Any settlement or recovery by suit shall be for the use and benefit of those who sue or join, or. who are entitled to sue or join, and of whom the court has actual urritten notice.” § 537.095.. Though Grandmother was not an eligible plaintiff under…