Archer v. MillsAnnotate this Case
The Supreme Court affirmed the judgment of the district court denying Appellants' motion to intervene in this wrongful death action, holding that heirs of the decedent cannot intervene in a wrongful death action brought by the wrongful death representative.
Carrie Linn died after undergoing elective surgery. Carrie's niece, Kallista Mills, was appointed Carrie's wrongful death representative. Mills brought this wrongful death action against Charles Linn, Carrie's husband, alleging that he had negligently caused Carrie's death. One year later, Mills signed a release releasing Charles from all causes asserted against him. Mills and Charles then filed a stipulated motion to dismiss the wrongful death action with prejudice. After the execution of the release but before the filing of the stipulated motion to dismiss, Appellants - Carrie's daughters - filed a motion to intervene in the wrongful death action. Because Appellants did not timely serve counsel the motion, the court dismissed the action with prejudice. The Supreme Court affirmed, holding that beneficiaries, unless appointed as the wrongful death representative, are precluded from intervening in wrongful death actions.