537.095. Joinder of parties not required, when, effect on recovery--plaintiff ad litem, recovery, distribution.
Joinder of parties not required, when, effect on recovery--plaintiffad litem, recovery, distribution.
537.095. 1. Except as provided in subsection 2 of thissection, if two or more persons are entitled to sue for andrecover damages as herein allowed, then any one or more of themmay compromise or settle the claim for damages with approval ofany circuit court, or may maintain such suit and recover suchdamages without joinder therein by any other person, providedthat the claimant or petitioner shall satisfy the court that hehas diligently attempted to notify all parties having a cause ofaction under section 537.080. Any settlement or recovery by suitshall be for the use and benefit of those who sue or join, or whoare entitled to sue or join, and of whom the court has actualwritten notice.
2. When any settlement is made, or recovery had, by anyplaintiff ad litem, the persons entitled to share in the proceedsthereof shall be determined according to the laws of descent, andany settlement or recovery by such plaintiff ad litem shalllikewise be distributed according to the laws of descent unlessspecial circumstances indicate that such a distribution would beinequitable, in which case the court shall apportion thesettlement or recovery in proportion to the losses suffered byeach person or party entitled to share in the proceeds and,provided, that any person entitled to share in the proceeds shallhave the right to intervene at any time before any judgment isentered or settlement approved under this section.
3. In any action for damages under section 537.080, thetrier of the facts shall state the total damages found, or uponthe approval of any settlement for which a petition orapplication for such approval has been filed, the court shallstate the total settlement approved. The court shall then entera judgment as to such damages, apportioning them among thosepersons entitled thereto in proportion to the losses suffered byeach as determined by the court.
4. The court shall order the claimant:
(1) To collect and receipt for the payment of the judgment;
(2) To deduct and pay the expenses of recovery andcollection of the judgment and the attorneys' fees as contracted,or if there is no contract, or if the party sharing in theproceeds has no attorney representing him before the rendition ofany judgment or settlement, then the court may award the attorneywho represents the original plaintiff such fee for his services,from such persons sharing in the proceeds, as the court deemsfair and equitable under the circumstances;
(3) To acknowledge satisfaction in whole or in part for thejudgment and costs;
(4) To distribute the net proceeds as ordered by the court;and
(5) To report and account therefor to the court. In itsdiscretion the court may require the claimant to give bond forthe collection and distribution.
(L. 1967 p. 663, A.L. 1979 S.B. 368)