death claim (Missouri) · Go Syfert
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death claim in Missouri

13 Missouri opinions name it 2 courts 1905–2015 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
Bridges v. Van Enterprisesgreen
moctapp · 1999 · cited in 2 Missouri opinions naming this issue, 2015–2015
2 sentences

2015See Bridges, 992 S.W.2d at 326-28 (affirming an apportionment of $2,000 to the death claim and $166,000 to the loss of consortium claim).

2015See Bridges, 992 S.W.2d at 326-28 (affirming an apportionment of $2,000 to the death claim and $166,000 to the loss of consortium claim).

22
Simmons First National Bank v. Abbottgreen
ark · 1986 · cited in 1 Missouri opinions naming this issue, 2008–2008
2 sentences

2008See Simmons First Nat'l Bank v. Abbott, 288 Ark. 304 , 705 S.W.2d 3 (1986). [130] See also PROSSER & KEETON, The Law of Torts section 127, at 955 (5th ed.1988).

2008See Simmons First Nat'l Bank v. Abbott, 288 Ark. 304 , 705 S.W.2d 3 (1986). [130] See also PROSSER & KEETON, The Law of Torts section 127, at 955 (5th ed.1988).

11
Brizendine v. Conradgreen
mo · 2002 · cited in 1 Missouri opinions naming this issue, 2007–2007
1 sentence

2007Brizendine v. Conrad, 71 S.W.3d 587, 590 (Mo. banc 2002) (citation omitted).

11
State v. Tategreen
moctapp · 1987 · cited in 1 Missouri opinions naming this issue, 1988–1988
1 sentence

1988It went beyond recklessness. *681 Recently this district in State v. Tate, 733 S.W.2d 45, 47-49 (Mo.App.1987), discussed whether there was evidence of recklessness on the part of a defendant in causing a death such that an instruction on involuntary manslaughter should have been given.

11
Ransom v. Adams Dairy Co.green
moctapp · 1985 · cited in 1 Missouri opinions naming this issue, 1987–1987
1 sentence

1987Louis-San Francisco Railway Co., 460 S.W.2d 711, 718 (Mo.1970) (“In a death claim it is proper to show conditions such as health, earning capacity, age, and habits of the deceased.”); Ransom v. Adams Dairy Co., 684 S.W.2d 915, 917 (Mo.App.1985) (evidence of deceased’s acts of violence not erroneous in wrongful death action).

11
Grothe v. St. Louis-San Francisco Railway Co.green
mo · 1970 · cited in 1 Missouri opinions naming this issue, 1987–1987
1 sentence

1987Louis-San Francisco Railway Co., 460 S.W.2d 711, 718 (Mo.1970) (“In a death claim it is proper to show conditions such as health, earning capacity, age, and habits of the deceased.”); Ransom v. Adams Dairy Co., 684 S.W.2d 915, 917 (Mo.App.1985) (evidence of deceased’s acts of violence not erroneous in wrongful death action).

11
Morton v. Southwestern Telegraph & Telephone Co.green
· 1920 · cited in 1 Missouri opinions naming this issue, 1970–1970
2 sentences

1970Morton v. Southwestern Telegraph & Telephone Co., 280 Mo. 360 , 217 S.W. 831, 835-836 [9, 10].

1970Morton v. Southwestern Telegraph & Telephone Co., 280 Mo. 360 , 217 S.W. 831, 835-836 [9, 10].

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 (6)

CaseCitedYears
Livingston v. Omaha Property & Casualty Insurance Co. green
moctapp · 1996
1 sentence

1996After citing Famuliner and Elder, the court in Livingston said: To accept plaintiffs interpretation [of § 379.203], would permit plaintiff to recover under her uninsured motorist policy for the death of any person from whom she is legally entitled to bring a claim under the wrongful death statute, such as the death of her children, any lineal descendants, her brothers and sisters, her parents, or any other descendent. 927 S.W.2d at 446 .

11996–1996
Walihan v. St. Louis-Clayton Orthopedic Group, Inc. green
moctapp · 1993
2 sentences

1995Id.

1995Walihan, 849 S.W.2d at 181 .

11995–1995
Newman v. Rice-Stix Dry Goods Co. green
· 1934
2 sentences

1991The employee testified that she did continue to work, although experiencing some problems, and it was not until September that the problems did become severe enough so that she began seeking medical attention.” (Emphasis added.) In its application for review, the employer alleged that the administrative law judge’s award was erroneous for several reasons, including: “(1) No notice of report of injury given to employer pursuant to § 287.420 RSMo without good cause prejudicing employer.” In Newman v. Rice-Stix Dry Goods Co., 335 Mo. 572 , 73 S.W.2d 264 (1934), a workers’ compensation proceeding

1991The employee testified that she did continue to work, although experiencing some problems, and it was not until September that the problems did become severe enough so that she began seeking medical attention.” (Emphasis added.) In its application for review, the employer alleged that the administrative law judge’s award was erroneous for several reasons, including: “(1) No notice of report of injury given to employer pursuant to § 287.420 RSMo without good cause prejudicing employer.” In Newman v. Rice-Stix Dry Goods Co., 335 Mo. 572 , 73 S.W.2d 264 (1934), a workers’ compensation proceeding

11991–1991
Viselli v. Missouri Theatre Building Corp. green
mo · 1950
1 sentence

1956The Viselli case, supra [ 361 Mo. 280 , 234 S.W.2d 566 ], involved a death claim under the Workmen’s Compensation Law arising out of the fall of a window washer, the employee of an independent contractor, against the appellant corporation as a statutory employer.

11956–1956
Benson v. Metropolitan Life Insurance neutral
moctapp · 1912
1 sentence

1913Co., 198 Mo. l. c. 463: “. . . the question of false and fraudulent representations in securing such policy in an action to recover the amount of the death claim, must be governed by the provisions of section 7890, and as to whether the misrepresented matters in the application for insurance contributed to the happening of the contingency insured against, are questions of fact to be determined by the jury to whom' such facts are submitted.” In Benson v. Insurance Co., 161 Mo. App. 480 , we held that the evidence showed in law “that deceased died of the disease misrepresented,” but that ruling

11913–1913
Parsons v. Missouri Pacific Railway Co. green
mo · 1887
1 sentence

1905In many claims arising on that statute the damage, from the nature of the case, is largely, if not altogether conjectural (Parsons v. Railway, 94 Mo. 286, 299 ).

11905–1905

Statutes the citing opinions construe

MO § Mo. Rev. Stat. § 537.080 (4)

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.

Where else courts name it

NY 26 (1889–2023) TX 16 (1924–2015) OH 13 (1932–2017) MO 13 (1905–2015) LA 10 (1977–2010) PA 10 (1936–2000) NJ 10 (1954–2010) IL 8 (1902–1995) KS 7 (1914–2002) VA 7 (1968–2011) FL 6 (1944–2008) GA 6 (1923–2008) CA 5 (1938–2024) NE 5 (1911–1989) AZ 5 (1965–2023) AL 5 (1917–2008) WA 4 (1922–2006) TN 4 (1917–2004) OR 4 (1976–1980) AR 3 (1935–2001) OK 3 (1955–2004) MD 3 (1931–1996) RI 3 (2001–2008) ID 3 (2018–2020) MA 2 (1962–1967) NC 2 (1906–2025) WV 2 (1917–1982) SC 2 (1996–2001) IA 2 (1968–1982) CO 2 (1957–1959) ME 2 (2018–2018) MS 2 (1968–1968)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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