State Ex Rel. Slibowski v. Kimberlin

SHANGLER, Judge.

In this original proceeding in mandamus, relator, father of a minor child, seeks to compel respondent circuit judge to permit him to intervene in an action for the wrongful death of the child brought by the mother.

The facts are not in dispute. James Kevin Slibowski, the thirteen year old son of relator James Slibowski and Beverly Slibowski, was killed by accident. At the time of his death, his parents had been divorced for seven months and his custody had been given to the mother by the decree. The mother filed a petition in the Circuit Court of Buchanan County for the…