In Archer v. Kallista Mills, the Wyoming Supreme Court affirmed the dismissal of a motion to intervene filed by the daughters of a decedent in a wrongful death case, ruling that under Wyoming law, only the duly appointed wrongful death representative may bring or control a wrongful death lawsuit. The case clarified the limitations of beneficiary involvement in wrongful death litigation and the procedures available to challenge an appointment.
Kallista Mills was appointed as the wrongful death representative for her aunt, Carrie Linn, following Ms. Linn's death after elective surgery. Mills filed a wrongful death suit against Charles Linn, the decedent's husband, alleging negligence in her post-surgical care. Approximately a year later, Mills signed a release of claims and filed a stipulated motion to dismiss the case with prejudice.
Before the dismissal was finalized, Lacie Archer and Emily Farley, the decedent's daughters, moved to intervene in the lawsuit. The district court denied their motion and dismissed the case after determining that they failed to properly serve counsel, prompting Archer and Farley to appeal.
The Wyoming Supreme Court explained that under the state’s wrongful death statutes, only the appointed representative may file or control a wrongful death case. Wyoming Statute § 1-38-102 specifies that a wrongful death action is brought solely by the designated representative for the benefit of the statutory beneficiaries.
The Court viewed the statute’s language as exclusive. Since Mills had been appointed and filed the action, other beneficiaries such as Archer and Farley were not permitted to enter the case as parties. Their request to intervene came too late and did not meet the statutory requirements.
Although heirs may not intervene in the wrongful death action itself, the Court emphasized that Wyoming law allows them to participate in the separate appointment proceeding. Under Wyoming Statutes § 1-38-103(b) and § 1-38-104, individuals who qualify under the statute may intervene as of right in the appointment proceeding or file a motion to reconsider an appointment. The law also permits the court to consider the best interests of all beneficiaries when selecting the representative.
In this case, neither Archer nor Farley filed a motion to intervene during the appointment proceeding or challenged Mills’s appointment. Their failure to act at that stage precluded further participation.
The Wyoming Supreme Court concluded that the wrongful death statutes establish a clear and exclusive process for designating a representative to pursue claims. Beneficiaries must use the statutory appointment process to contest representation, and may not intervene in the litigation unless appointed.
Because Archer and Farley were not appointed as representatives and failed to utilize the appropriate procedural channels, their motion to intervene was properly denied.
Wrongful death cases often raise questions about representation, beneficiary rights, and statutory procedures. Our attorneys at Whitcomb, Selinsky, PC assist families in navigating wrongful death actions, from appointment proceedings to litigation, to ensure legal compliance and protection of beneficiary interests.