60 Missouri opinions name it 2 courts 1973–2024 3 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.
| Case | Followed | Cited |
|---|---|---|
Anison v. Ricegreen2 sentences2014See Anison v. Rice, 282 S.W.2d 497, 504 (Mo. 1955). 2014See Anison v. Rice, 282 S.W.2d 497, 504 (Mo.1955). | 2 | 2 |
Lawrence v. Beverly Manorgreen2 sentences2016Lawrence, 273 S.W.3d at 527 . 2014Lawrence v. Beverly Manor, 273 S.W.3d 525, 527 (Mo. banc 2009). | 1 | 2 |
Finney v. National Healthcare Corp.green2 sentences2016See Lawrence, 273 5.W.3d at 526-29; Finney v. Nat’l Healthcare Corp., 193 S.W.3d 393, 395-97 (Mo. App. 2006). 2009Id. | 1 | 2 |
Concerned Citizens for Crystal City v. City of Crystal Citygreen1 sentence2023See Concerned Citizens for Crystal City, 334 S.W.3d at 526 . | 1 | 1 |
Kivland v. Columbia Orthopaedic Group, LLPgreen2 sentences2023Id. 2023Id. at 304, 306 . | 1 | 1 |
Boland v. Saint Luke's Health System, Inc.green1 sentence2023Boland v. Saint Luke’s Health Sys., Inc., 471 S.W.3d 703, 710 (Mo. banc 2015), as modified (Oct. 27, 2015). | 1 | 1 |
Allen v. Continental Western Insurance Co.green1 sentence2020See Allen, 436 S.W.3d at 553, 556 (insurer had no duty to defend because there was no potential for coverage for a petition that sought only intentional damages excluded by the policy); Piatt, 461 S.W.3d at 793-94 (insurer had no duty to defend because there was no potential coverage for a wrongful death claim asserting only failure to provide a safe work environment, which is exclusively the employer’s duty, and the policy excluded employer liability, specifically bodily injury to an employee of the insured arising out of employment by the insured). | 1 | 1 |
Katina Piatt v. Indiana Lumbermen's Mutual Insurance Companygreen1 sentence2020See Allen, 436 S.W.3d at 553, 556 (insurer had no duty to defend because there was no potential for coverage for a petition that sought only intentional damages excluded by the policy); Piatt, 461 S.W.3d at 793-94 (insurer had no duty to defend because there was no potential coverage for a wrongful death claim asserting only failure to provide a safe work environment, which is exclusively the employer’s duty, and the policy excluded employer liability, specifically bodily injury to an employee of the insured arising out of employment by the insured). | 1 | 1 |
Houston v. Weismangreen1 sentence2019"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. | 1 | 1 |
Kuenz v. Walkergreen1 sentence2019"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. | 1 | 1 |
State Ex Rel. Griffin v. Beltgreen1 sentence2018This Court found that in such a case, a writ of "prohibition is the appropriate remedy ." Id. at 572 (emphasis added). | 1 | 1 |
Sundermeyer v. SSM Regional Health Servicesgreen1 sentence2017See, e.g., Sundermeyer v. SSM Reg’l Health Servs., 271 S.W.3d 552, 554 (Mo. banc 2008). | 1 | 1 |
Stanley v. Bircher'sgreen2 sentences2016James is “an action for a wrong done to the property rights of the father”; it is “not [considered] an action for injuries to the person of the [father].” Stanley v. Bircher’s Ex’r, 78 Mo. 245, 248 (Mo.1883). 2016James is “an action for a wrong done to the property rights of the father”; it is “not [considered] an action for injuries to the person of the [father].” Stanley v. Bircher’s Ex’r, 78 Mo. 245, 248 (Mo. 1883). | 1 | 1 |
State v. Knappgreen1 sentence2016See 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) | 1 | 1 |
State v. Rollengreen1 sentence2016See 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) | 1 | 1 |
State v. Holcombgreen1 sentence2016See 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) | 1 | 1 |
Connor v. Monkem Co., Inc.green2 sentences2016In Connor , a majority of the Missouri Supreme Court held a natural parent can bring a wrongful death claim against a third party for the death of a non-viable fetus in útero. 898 S.W.2d at 90-94 . 2016In Connor, a majority of the Missouri Supreme Court held a natural parent can bring a wrongful death claim against a third party for the death of a non-viable fetus in utero. 898 S.W.2d at 90 - 94. | 1 | 1 |
Rebecca Floyd-Tunnell v. Shelter Mutual Insurance Companygreen1 sentence2015Co., 439 S.W.3d 215, 220 (Mo. banc 2014) (holding that insurer “provided coverage for the wrongful death of its insured ... and it paid those benefits to the persons authorized by section 537.080.1 to bring a wrongful death claim”) (emphasis added). | 1 | 1 |
Missouri Public Entity Risk Management Fund v. American Casualty Co. of Readinggreen1 sentence2014Co. of Reading, 399 S.W.3d 68, 74 (Mo. App. 2013). 3 In support of their claims that United Fire refused in bad faith to settle the wrongful death action, Wells Trucking and Scottsdale alleged the following: • United Fire was notified of the decedent’s family’s potential claims against Wells Trucking. • United Fire retained defense counsel to represent its interest and the interests of Wells Trucking. • Between April and July 2008, United Fire was given numerous opportunities and extensions of time by the decedent’s family to investigate the wrongful death claim. • The information, facts, and | 1 | 1 |
| Snyder v. Wagner Electric Manufacturing Co.green | 1 | 1 |
Toomes v. Continental Oil Companygreen1 sentence2014Its application is limited to causes of action, limitations for which are prescribed by section 516.010 to section 516.370.” Toomes v. Cont’l Oil Co., 402 S.W.2d 321, 324 (Mo.1966) (rejecting application of the savings statute to a wrongful death claim brought under the Kansas wrongful death statute). | 1 | 1 |
| Brown v. Midwest Petroleum Co.green | 1 | 1 |
| Bridges v. Van Enterprisesgreen | 1 | 1 |
| Pierce v. BSC, INC.green | 1 | 1 |
| Campbell v. Callowgreen | 1 | 1 |
| State Ex Rel. Diehl v. O'MALLEYgreen | 1 | 1 |
| Kennedy v. Dixongreen | 1 | 1 |
| Baker v. DePewgreen | 1 | 1 |
| Short v. Safeco Insurance Co. of Americagreen | 1 | 1 |
| State Farm Mutual Automobile Insurance v. Bainbridgegreen | 1 | 1 |
| Sullivan v. Carlislegreen | 1 | 1 |
| Ashcraft v. Ashcraft ex rel. Ashcraftgreen | 1 | 1 |
| Call v. Heardgreen | 1 | 1 |
| Rodriguez v. Suzuki Motor Corp.green | 1 | 1 |
| Renee v. Hannibal Regional Hospitalgreen | 1 | 1 |
| Rotella v. Josephgreen | 1 | 1 |
| Sheppard v. McFadden Lighting Co.green | 1 | 1 |
| Chamberlain v. Mo.-Ark. Coach Lines, Inc.green | 1 | 1 |
| Lee v. Guettlergreen | 1 | 1 |
| Estate of Langhorn v. Lawsgreen | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Missouri. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Frazee v. Partney
green
2 sentences2015This Court finds that Frazee v. Partney, 314 S.W.2d 915 (Mo. banc 1958), remains good law and reaffirms both its holdings that a wrongful death claim accrues at death and that courts may not add exceptions to a special statute of limitation. 2015This Court finds that Frazee v. Partney, 314 S.W.2d 915 (Mo. banc 1958), remains good law and reaffirms both its holdings that a wrongful death claim accrues at death and that courts may not add exceptions to a special statute of limitation. | 3 | 2015–2015 |
Howell v. Murphy
green
2 sentences2015Howell, 844 S.W.2d at 46 . 2015Howell, 844 S.W.2d at 46 . | 2 | 2015–2015 |
American Family Mutual Insurance Co. v. Ward
green
2 sentences2009Id. at 137 . 2009Id. at 138 . | 2 | 2000–2009 |
Jones v. St. Louis Housing Authority
green
2 sentences1991Louis Housing Authority, 726 S.W.2d 766 (Mo.App.1987), a mother brought a wrongful death claim against the housing authority after her son was struck by debris flung from a lawn mower being used on the premises. 1988We note that in Jones, 726 S.W.2d at 774 , the presence of debris on the public entity’s yard was held to be a dangerous condition of the property, and sovereign immunity did not bar the wrongful death claim of a mother whose son was struck by debris flung from a mower being used on the premises. | 2 | 1988–1991 |
State Ex Rel. Twiehaus v. Adolf
green
2 sentences2024Twiehaus v. Adolf, 706 S.W.2d 443 (Mo. banc 1986), in which the Court found that the petition failed to state a wrongful death claim that was not barred by official immunity against the superintendent of a state mental health facility. 2024Id. at 446 . | 1 | 2024–2024 |
Coon Ex Rel. Coon v. American Compressed Steel, Inc.
green
1 sentence2019Compress Steel, Inc., 207 S.W.3d 629 (Mo. App. W.D. 2007) (affirming the validity of the 11 equitable adoption of a child after adoptive mother's death in a car accident and affirming child as a proper plaintiff to prosecute a wrongful death claim on adoptive mother's behalf). | 1 | 2019–2019 |
Sanders v. Ahmed
green
1 sentence2018In Sanders , the Court found that a defendant's motion for directed verdict at the close of the evidence was made with requisite specificity to challenge the causation element of the plaintiff's wrongful death claim where the oral motion for directed verdict at the close of all the evidence stated, "We think plaintiff failed to make a submissible case on issues of negligent causation...." Id. | 1 | 2018–2018 |
James v. Christy
neutral
2 sentences2016This Court has consistently rejected the existence of any common law cause of action for wrongful death. 6 Although Plaintiffs acknowledge this precedent, they insist that James v. Christy demonstrates that wrongful death claims did exist at common law in this state prior to the passage of the first wrongful death statute in 1855. 18 Mo. 162 (1853). 2016This Court has consistently rejected the existence of any common law cause of action for wrongful death. 6 Although Plaintiffs acknowledge this precedent, they insist that James v. Christy demonstrates that wrongful death claims did exist at common law in this state prior to the passage of the first wrongful death statute in 1855. 18 Mo. 162 (1853). | 1 | 2016–2016 |
Collins v. Hertenstein
green
1 sentence2014Super, 18 S.W.3d at 519 ; Morton, 904 S.W.2d at 17 . 6 Additionally, the plaintiffs cite the case of Collins v. Hertenstein, 90 S.W.3d 87 (Mo. App. W.D. 2002), for their assertion that “a tortfeasor’s negligence can contribute to cause death, even though the decedent would have died at a later point in time in the absence of negligence.” Again, this case is distinguishable from the plaintiffs’ instant claim of medical negligence in failing to diagnose a terminal illness. | 1 | 2014–2014 |
| Strode v. St. Louis Transit Co. green | 1 | 2014–2014 |
Morton v. Mutchnick
green
1 sentence2014Super, 18 S.W.3d at 519 ; Morton, 904 S.W.2d at 17 . 6 Additionally, the plaintiffs cite the case of Collins v. Hertenstein, 90 S.W.3d 87 (Mo. App. W.D. 2002), for their assertion that “a tortfeasor’s negligence can contribute to cause death, even though the decedent would have died at a later point in time in the absence of negligence.” Again, this case is distinguishable from the plaintiffs’ instant claim of medical negligence in failing to diagnose a terminal illness. | 1 | 2014–2014 |
| Super v. White green | 1 | 2014–2014 |
| Walihan v. St. Louis-Clayton Orthopedic Group, Inc. green | 1 | 2012–2012 |
| Gregg v. City of Kansas City green | 1 | 2009–2009 |
| St. Anthony's Medical Center v. Metze green | 1 | 2009–2009 |
| Clare v. New York & New England Railroad green | 1 | 2008–2008 |
| McCarthy v. William H. Wood Lumber Co. green | 1 | 2008–2008 |
| Miles v. Apex Marine Corp. green | 1 | 2008–2008 |
| Frescoln v. Puget Sound Traction, Light & Power Co. neutral | 1 | 2008–2008 |
| Sea-Land Services, Inc. v. Gaudet red | 1 | 2008–2008 |
| State Ex Rel. Burns v. Whittington green | 1 | 2008–2008 |
| Dehart, Admx. v. Ohio Fuel Gas Co. green | 1 | 2008–2008 |
| Schmidt v. Moncrief green | 1 | 2008–2008 |
| Simmons First National Bank v. Abbott green | 1 | 2008–2008 |
| Kaiser Found. Hosp. v. Superior Court of L.A. Cty. green | 1 | 2008–2008 |
| Alfone v. Sarno green | 1 | 2008–2008 |
| Blackwell v. American Film Co. green | 1 | 2008–2008 |
| Ruth Stern v. Internal Medicine Consultants, Ii, LLC Herbert B. Zimmerman, M.D. green | 1 | 2007–2007 |
| Manes v. Depew green | 1 | 2005–2005 |
| City of Kansas City v. Woodson green | 1 | 2004–2004 |
| Hopkins v. American Economy Insurance Co. green | 1 | 2003–2003 |
| Baker v. Guzon green | 1 | 2000–2000 |
| Keene v. Wilson Refuse, Inc. green | 1 | 2000–2000 |
| Davis v. Wilson green | 1 | 1999–1999 |
| Wessels Ex Rel. Sams v. Gipfel green | 1 | 1999–1999 |
| Whitehead v. Lakeside Hospital Ass'n green | 1 | 1996–1996 |
| Buel v. United Railways Co. neutral | 1 | 1995–1995 |
| State Ex Rel. Hardin v. Sanders green | 1 | 1995–1995 |
| Crenshaw v. Great Central Insurance Co. green | 1 | 1995–1995 |
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.
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.