507.040. Permissive joinder of parties--separate trials. - Missouri Statutes

Permissive joinder of parties--separate trials.

507.040. 1. All persons may join in one action asplaintiffs if they assert any right to relief jointly, severally,or in the alternative in respect of or arising out of the sametransaction, occurrence, or series of transactions or occurrencesand if any question of law or fact common to all of them willarise in the action. All persons may be joined in one action asdefendants if there is asserted against them jointly, severally,or in the alternative, any right to relief in respect of orarising out of the same transaction, occurrence, or series oftransactions or occurrences and if any question of law or factcommon to all of them will arise in the action. A plaintiff ordefendant need not be interested in obtaining or defendingagainst all the relief demanded. Judgment may be given for oneor more of the plaintiffs according to their respective rights torelief, and against one or more defendants according to theirrespective liabilities.

2. The court may make such orders as will prevent a partyfrom being embarrassed, delayed, or put to expense by theinclusion of a party against whom he asserts no claim and whoasserts no claim against him, and may order separate trials ormake other orders to prevent delay or prejudice.

(L. 1943 p. 353 § 16)

(1978) Held, that a jury in the same or separate trial at the discretion of the trial court, should be charged with the responsibility for determining a relative distribution of fault and liability for damages flowing from a tort. Missouri Pacific Railroad Co. v. Whitehead & Kales Co. (Mo.), 566 S.W.2d 466.