section 537.080 wrongful death claim (Missouri) · Go Syfert
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section 537.080 wrongful death claim in Missouri

7 Missouri opinions name it 1 courts 1980–2019 0 in the last five years

The cases below were cited by Missouri courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (7)

CaseFollowedCited
Connor v. Monkem Co., Inc.green
mo · 1995 · cited in 2 Missouri opinions naming this issue, 2003–2016
2 sentences

2016See Connor v. Monkem Co., Inc., 898 S.W.2d 89, 93 (Mo.banc 1995) (holding that, pursuant to § 1.205, a wrongful death claim under § 537.080 may be stated for a nonviable unborn child); State v. Knapp, 843 S.W.2d 345, 350 (Mo.banc 1992) (holding that the provisions of § 1.205—that unborn children are to be considered living human beings, and that they are to receive the same rights as other Missourians, subject to the Constitution and Supreme Court precedent—make unborn children persons for purposes of the involuntary manslaughter statute); State v. Rollen, 133 S.W.3d 57, 63 (Mo.App.E.D. 2003)

2003The court answered that question in Connor v. Monkem Co., Inc., 898 S.W.2d 89, 92 (Mo. banc 1995) when it held that a nonviable unborn child is a “person” capable of supporting a claim for wrongful death pursuant to Section 537.080.

22
Houston v. Weismangreen
moctapp · 2006 · cited in 1 Missouri opinions naming this issue, 2019–2019
1 sentence

2019"If a party does not support contentions with relevant authority or argument beyond conclusory statements, the point is deemed abandoned." Kuenz v. Walker, 244 S.W.3d 191, 194 (Mo. App. E.D. 2007) (citing Houston v. Weisman, 197 S.W.3d 204, 206 (Mo. App. E.D. 2006)). 13 The circuit court did not err in finding that, even if declared to be equitable adoptive parents of DeBrodie, the Martins had no right to bring a wrongful death claim under section 537.080.

11
Kuenz v. Walkergreen
moctapp · 2007 · cited in 1 Missouri opinions naming this issue, 2019–2019
1 sentence

2019"If a party does not support contentions with relevant authority or argument beyond conclusory statements, the point is deemed abandoned." Kuenz v. Walker, 244 S.W.3d 191, 194 (Mo. App. E.D. 2007) (citing Houston v. Weisman, 197 S.W.3d 204, 206 (Mo. App. E.D. 2006)). 13 The circuit court did not err in finding that, even if declared to be equitable adoptive parents of DeBrodie, the Martins had no right to bring a wrongful death claim under section 537.080.

11
State v. Rollengreen
moctapp · 2003 · cited in 1 Missouri opinions naming this issue, 2016–2016
1 sentence

2016See Connor v. Monkem Co., Inc., 898 S.W.2d 89, 93 (Mo.banc 1995) (holding that, pursuant to § 1.205, a wrongful death claim under § 537.080 may be stated for a nonviable unborn child); State v. Knapp, 843 S.W.2d 345, 350 (Mo.banc 1992) (holding that the provisions of § 1.205—that unborn children are to be considered living human beings, and that they are to receive the same rights as other Missourians, subject to the Constitution and Supreme Court precedent—make unborn children persons for purposes of the involuntary manslaughter statute); State v. Rollen, 133 S.W.3d 57, 63 (Mo.App.E.D. 2003)

11
State v. Knappgreen
mo · 1992 · cited in 1 Missouri opinions naming this issue, 2016–2016
1 sentence

2016See Connor v. Monkem Co., Inc., 898 S.W.2d 89, 93 (Mo.banc 1995) (holding that, pursuant to § 1.205, a wrongful death claim under § 537.080 may be stated for a nonviable unborn child); State v. Knapp, 843 S.W.2d 345, 350 (Mo.banc 1992) (holding that the provisions of § 1.205—that unborn children are to be considered living human beings, and that they are to receive the same rights as other Missourians, subject to the Constitution and Supreme Court precedent—make unborn children persons for purposes of the involuntary manslaughter statute); State v. Rollen, 133 S.W.3d 57, 63 (Mo.App.E.D. 2003)

11
State v. Holcombgreen
moctapp · 1997 · cited in 1 Missouri opinions naming this issue, 2016–2016
1 sentence

2016See Connor v. Monkem Co., Inc., 898 S.W.2d 89, 93 (Mo.banc 1995) (holding that, pursuant to § 1.205, a wrongful death claim under § 537.080 may be stated for a nonviable unborn child); State v. Knapp, 843 S.W.2d 345, 350 (Mo.banc 1992) (holding that the provisions of § 1.205—that unborn children are to be considered living human beings, and that they are to receive the same rights as other Missourians, subject to the Constitution and Supreme Court precedent—make unborn children persons for purposes of the involuntary manslaughter statute); State v. Rollen, 133 S.W.3d 57, 63 (Mo.App.E.D. 2003)

11
Crain v. Webster Electric Cooperativegreen
moctapp · 1978 · cited in 1 Missouri opinions naming this issue, 1980–1980
1 sentence

1980Cooperative, 568 S.W.2d 781, 787 [4, 5] (Mo.App.1978), where a father sought to maintain a wrongful death action under § 537.080, for the death of his minor son, who was employed by Frazier Brothers, Inc., which was in the business of constructing and rebuilding power lines, not ordinarily working on electric lines which were “hot” or energized.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Missouri. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
Wollen v. DePaul Health Center green
mo · 1992
1 sentence

2010Specifically, Appellant filed an action for “lost chance of survival” pursuant to Wollen v. DePaul Health Center, 828 S.W.2d 681 (Mo. banc 1992), and for wrongful death pursuant to Section 537.080.

12010–2010
Sullivan v. Carlisle green
mo · 1993
1 sentence

2004Id. at 92 . 6 Likewise, in Holt v. Burlington Northern R.R.

12004–2004
Lumley v. Farmers Ins. Co., Inc. green
moctapp · 1986
1 sentence

1988The disposition of this case is controlled by Lumley v. Farmers Insurance Company, 716 S.W.2d 455 (Mo.App.1986).

11988–1988

Statutes the citing opinions construe

MO § Mo. Rev. Stat. § 537.080 (7)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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