Read the following excerpt from a US court opinion:
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a third-party tortfeasor for injuries to the employee holds the amount due to the employer in trust so as to ensure that the employer’s right of subrogation is protected pursuant to section 287.150. Id. at 386; Schumacher v. Leslie, 360 Mo. 1238, 232 S.W.2d 913, 919 (1950). Finally, SVC argues that its ability to protect its lien interest might be impaired or impeded without intervention because Kinney might settle with one or more of the Defendants and then execute a release absolving all Defendants of any other liability. While this could conceivably occur, the other enforcement options mentioned in Doss would still be available to SVC, not to mention the remedy discussed in O’Hanlon and Everard, supra. See generally Timmermann v. Timmermann, 891 S.W.2d 540, 542 (Mo.App. E.D.1995) . For all these reasons, we conclude that SVC
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What is the most suitable continuation to the opinion? Your options are:
A. holding that an action against an officer was not an action against the state because the relief sought would not take away any property of the state or fasten a lien on it or interfere with the disposition of funds in the treasury
B. holding that res judicata did not preclude the subsequent filing of an action which was a permissive claim in a prior action
C. holding that evidence which by due diligence could have been produced in the first proceeding is considered to have been available at the first proceeding and therefore will not preclude the application of collateral estoppel
D. holding that any remedy against the third party which may have been available to the wouldbe intervenors prior to the commencement of the plaintiffs action would still be available to them in the event of an adverse disposition which also would not in and of itself preclude a subsequent equitable action by the wouldbe intervenors
E. holding that to the extent plaintiffs present action is based on conduct subsequent to the original action it is not barred by the prior litigation
Reply with [A, B, C, D, E] only.