Komsky v. Union Pacific Railroad Co.

ROY L. RICHTER, Presiding Judge.

Intervenor American International Group, Inc. (“AIG”) appeals the trial court’s calculation of sutoogation recovery to be paid to AIG from an award in favor of Kris Komsky, Pat Ford, and Alexandra Diane Komsky, and Victoria Marie Kom-sky, the survivors of the deceased, Dennis Komsky (“Decedent”), in a wrongful death suit against Union Pacific Railroad Co. and others (“defendants”). We remand the case with instructions to the trial court to vacate the judgment for failure to join a necessary party.

I. BACKGROUND

Decedent died approximately one month after the…