Missouri Court of Appeals, Western District / Jun 9, 2020
Carolyn Holmes, Personal Representative for the Estate of Robert V. Holmes, vs. Union Pacific Railroad Co.
Carolyn Holmes, as personal representative for her late husband's estate, sued Union Pacific Railroad Co. under the Federal Employers' Liability Act (FELA) for wrongful death. The trial court dismissed her petition for lack of standing, refusing to allow her to amend her pleading to reflect her appointment as personal representative. The appellate court reversed and remanded, holding that the trial court abused its discretion by denying leave to amend, as the amendment was a change in form, not substance, and the court had actual knowledge of her proper legal capacity to sue.