Supreme Court of Missouri / Mar 8, 2021
Carolyn Holmes, Personal Representative for the Estate of Robert V. Holmes, Appellant, vs. Union Pacific Railroad Co., Respondent.
Carolyn Holmes, as purported personal representative, filed a wrongful death lawsuit under FELA against Union Pacific Railroad Co. without first being formally appointed. The circuit court granted her thirty days to obtain the appointment and amend her petition, but she failed to meet this deadline. The circuit court then dismissed her petition, and the Missouri Supreme Court affirmed, holding that the circuit court did not abuse its discretion in denying Holmes' motion for leave to amend out of time, as she failed to demonstrate excusable neglect.