The Law Office of Kurt H King

August 19, 2014

History of Wrongful Death Actions in Missouri

Do yourself a big favor and read Daniel Sheffner’s article in the July-August 2014 edition of the Journal of the Missouri Bar (Google search will find it for you), entitled “Wrongful Death’s Common Law Antecedents in Missouri.” Well written with important information.

Sheffner traces the fallacy that began the need for states to pass wrongful death laws. And, he points out that James v. Christy, 18 Mo. 162 (1853), a case decided two years before Missouri’s first wrongful death law, indicates that Missouri COMMON LAW afforded recovery of damages for wrongful death.

Since Missouri common law granted recovery for wrongful death prior to the state’s first wrongful death act passed in 1855, the present damage caps should not apply for that reason as well as the fact that such caps were recently struck down where the victim survived the injury. Why should recovery be limited when the victim dies but not when he lives?

Kurt H. King
816.781.6000
20 E. Franklin, Liberty, Clay County, Missouri 64068
http://www.kurthking.com

Personal Injury, Workers’ Compensation
Chapter 7 Bankruptcy for debtors, Family Law, General Matters

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