Holt v. Burlington Northern Railroad

NUGENT, Judge.

James Holt, the equitably adopted minor son of Ann Holt, sued defendant, Burlington Northern Railroad, for the wrongful death of Ann Holt. Defendant filed a motion for summary judgment on the ground that James Holt is not the adopted son of the deceased within the meaning of § 537.080(f). 1 The court sustained defendant’s motion and plaintiff appeals. We reverse and hold that a child who has been equitably adopted is an adopted child for purposes of § 537.080(1).

On June 10, 1981, defendant's train struck and killed Ann Holt in her car. In addition to plaintiff, several brothers…