Legal Opinion
Rotella v. Joseph
Missouri Court of Appeals
Decided April 6, 1981No. 11975PublishedCited by 9 opinions
1Opinion of the Court
FLANIGAN, Judge.
Does a two-month-old girl lose her cause of action for the wrongful death of her unmarried mother because a lawsuit, timely filed, was not commenced in her name by a next friend but was filed, expressly on her behalf, by a foreign administrator? The issue is easier to state than to resolve.
This is an action for the wrongful death of Deborah Evans who died on June 28, 1977, as a result of a two-vehicle collision which occurred on that date in Douglas County, Missouri. Decedent was a resident of Connecticut. Plaintiff is Peter W. Rotel-la, administrator of the estate of Deborah…
2Cases cited27 opinions
- Missouri, Kansas & Texas Railway Co. v. WulfSupreme Court of the United States · 1913
- Kennedy v. DixonSupreme Court of Missouri · 1969
- Ruth Crowder, Mother and Next Friend of Walter Paul Crowder and David Douglas Crowder, Minors v. Gordons Transports, Inc., a CorporationCourt of Appeals for the Eighth Circuit · 1967
- Barker v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1886
- Nelms Ex Rel. Nelms v. BrightSupreme Court of Missouri · 1957
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3Cited by9 opinions
- State Ex Rel. Research Medical Center v. PetersMissouri Court of Appeals · 1982
- Asmus v. Capital Region Family PracticeMissouri Court of Appeals · 2003
- Nelson v. HallMissouri Court of Appeals · 1984
- Mikesic v. Trinity Lutheran HospitalMissouri Court of Appeals · 1998
- Natalini v. LittleMissouri Court of Appeals · 2006
4 more not listed; retrieve them via the Exa API.