Missouri Revised Statutes

Mo. Rev. Stat. § 537.095 (2026)

Joinder of parties not required, when, effect on recovery

✓ current as of May 2026

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537.095. Joinder of parties not required, when, effect on recovery — plaintiff ad litem, recovery, distribution. — 1. Except as provided in subsection 2 of this section, if two or more persons are entitled to sue for and recover damages as herein allowed, then any one or more of them may compromise or settle the claim for damages with approval of any circuit court, or may maintain such suit and recover such damages without joinder therein by any other person, provided that the claimant or petitioner shall satisfy the court that he has diligently attempted to notify all parties having a cause of action under section 537.080. Any settlement or recovery by suit shall be for the use and benefit of those who sue or join, or who are entitled to sue or join, and of whom the court has actual written notice.

2. When any settlement is made, or recovery had, by any plaintiff ad litem, the persons entitled to share in the proceeds thereof shall be determined according to the laws of descent, and any settlement or recovery by such plaintiff ad litem shall likewise be distributed according to the laws of descent unless special circumstances indicate that such a distribution would be inequitable, in which case the court shall apportion the settlement or recovery in proportion to the losses suffered by each person or party entitled to share in the proceeds and, provided, that any person entitled to share in the proceeds shall have the right to intervene at any time before any judgment is entered or settlement approved under this section.

3. In any action for damages under section 537.080, the trier of the facts shall state the total damages found, or upon the approval of any settlement for which a petition or application for such approval has been filed, the court shall state the total settlement approved. The court shall then enter a judgment as to such damages, apportioning them among those persons entitled thereto in proportion to the losses suffered by each 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 and collection of the judgment and the attorneys' fees as contracted, or if there is no contract, or if the party sharing in the proceeds has no attorney representing him before the rendition of any judgment or settlement, then the court may award the attorney who represents the original plaintiff such fee for his services, from such persons sharing in the proceeds, as the court deems fair and equitable under the circumstances;

(3) To acknowledge satisfaction in whole or in part for the judgment and costs;

(4) To distribute the net proceeds as ordered by the court; and

(5) To report and account therefor to the court. In its discretion the court may require the claimant to give bond for the collection and distribution.

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(L. 1967 p. 663, A.L. 1979 S.B. 368)

Notes of Decisions

Cited in 73 cases (20 in the last 5 years), 1969–2025 · leading case: Davis v. Wilson, 804 S.W.2d 392 (Mo. Ct. App. 1991).

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Davis v. Wilson, 804 S.W.2d 392 (Mo. Ct. App. 1991). · cites it 22× “In this petition, he sought approval of a settlement agreement pursuant to § 537.095, RSMo 1986. Respondent filed an answer to the petition.”

Am. Fam. Mut. Ins. Co. v. Ward, 774 S.W.2d 135 (Mo. 1989). · cites it 10× “Section 537.095, in pertinent part, provides: Any settlement or recovery by suit shall be for the use and benefit of those who sue or join, or who are entitled to sue or join, and of whom the court has actual written notice.”

Collins v. Hertenstein, 181 S.W.3d 204 (Mo. Ct. App. 2005). · cites it 19× “This case involves a disagreement between a mother and father over the apportionment of monies under section 537.095 1 from the successful prosecution of a wrongful death action that arose from the shooting death of them 13-year-old son by Kansas City police officers in November…”

Johnson v. BFI Waste Sys. of North Am., Inc., 162 S.W.3d 127 (Mo. Ct. App. 2005). · cites it 8× “To determine which of the many “judgments” in this case was the final and appealable judgment, we look first to Section 537.095. Section 537.095 provides in pertinent part: In any action for damages under section 537.”

Sullivan v. Sullivan, 159 S.W.3d 529 (Mo. Ct. App. 2005). · cites it 5× “The court further explained that § 537.095 specifically states that: “Any settlement or recovery by suit [brought pursuant to § 537.”

Betty Minor, Joseph McCary & John Michael McCary v. David W. Terry, Kathleen Schiller, Jacquelyn Highfill, & Fellows, Blake & Terry, L.L.C., 475 S.W.3d 124 (Mo. Ct. App. 2014). · cites it 8× “Pursuant to the Revised Statutes of Missouri § 537.095, a plaintiff in such action must notify all those in the class of people eligible to participate in the lawsuit before the matter is finalized.”

Sullivan v. Carlisle, 851 S.W.2d 510 (Mo. 1993). · cites it 3× “Plaintiff asks that the proceeds of this action be distributed according to decedent’s will or, alternatively, “according to the laws of descent” as provided in § 537.095. Defendant filed a motion to strike the appointment of the plaintiff ad litem and to dismiss the petition.”

Morris B. Chapman & Assocs., Ltd. v. Kitzman, 739 N.E.2d 1263 (Ill. 2000). · cites it 2× “” Mo. Rev. Stat. § 537.095 (4)(2) (1986). Given that Karen and.”

Parr v. Parr, 16 S.W.3d 332 (Mo. 2000). · cites it 6× “On February 19, 1998, wife and the defendants filed a joint motion for approval of the settlement and entry of judgment, as authorized by section 537.095. They asked the court to approve their proposed apportionment of the settlement proceeds.”

Wright v. Bartimus Frickleton Robertson & Gorny PC, 364 S.W.3d 558 (Mo. Ct. App. 2011). · cites it 4× “Concluding that “there is no explicit authority in [section 537.095(4) ] for the adjudication of disputes among .”

Harriman v. Smith, 697 S.W.2d 219 (Mo. Ct. App. 1985). · cites it 4× “00; pursuant to § 537.095 RSMo 1978, the court entered a judgment memorandum for damages.”

Kathryn Love & Delores Henry v. Paul Piatchek, Defendants/Respondents., 503 S.W.3d 318 (Mo. Ct. App. 2016). · cites it 8× “” §537.095. Though Grandmother was not an eligible plaintiff under the statute, the deceased’s father ∗ Though Judge Dowd signed the final appealable order of dismissal in the present case, this concurring opinion concerns only the original case that preceded it.”

Show all 73 citing cases →

— Mo. Rev. Stat. § 537.095(1) — 1 case

Long v. Gyrus Acmi, Inc. (E.D. Mo. 2021).

— Mo. Rev. Stat. § 537.095(2) — 3 cases

Martin v. Busch, 360 S.W.3d 854 (Mo. Ct. App. 2011).

Sekscinski v. Welch (W.D. Mo. 2019).

Meikle v. City of Repub. (W.D. Mo. 2018).

— Mo. Rev. Stat. § 537.095(3) — 1 case

Sanders v. Ins. Co. of North Am., 904 S.W.2d 397 (Mo. Ct. App. 1995).

— Mo. Rev. Stat. § 537.095(4) — 2 cases

Wright v. Bartimus Frickleton Robertson & Gorny PC, 364 S.W.3d 558 (Mo. Ct. App. 2011). “Concluding that “there is no explicit authority in [section 537.095(4) ] for the adjudication of disputes among .”

Floyd v. Shaw, 830 S.W.2d 564 (Mo. Ct. App. 1992).

— Mo. Rev. Stat. § 537.095(4)(2) — 1 case

Morris B. Chapman & Assocs., Ltd. v. Kitzman, 739 N.E.2d 1263 (Ill. 2000). “” Mo. Rev. Stat. § 537.095 (4)(2) (1986). Given that Karen and.”

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