Missouri Court of Appeals, Southern District / Jan 9, 2019
ESTHER A. WILSON, ALEC WILSON and ESTHER A. WILSON, as Personal Representative of the Estate of KELLI A. WILSON, deceased, Plaintiffs-Appellants vs. NEW PRIME, INC., Defendant-Respondent
Esther A. Wilson and Alec Wilson, individually and as personal representative of Kelli A. Wilson's estate, appealed the dismissal of their wrongful death petition against New Prime, Inc. The trial court dismissed the petition, finding that non-party tortfeasors were necessary parties under Missouri law. The appellate court reversed and remanded, holding that Oklahoma substantive law applied to the wrongful death claim, and under Oklahoma law, a defendant can predicate its defense on a non-party's negligence, thus making dismissal for non-joinder improper.