Missouri Revised Statutes

Mo. Rev. Stat. § 537.010 (2026)

Action for damages to property to survive regardless of death of either party

✓ current as of May 2026

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537.010. Action for damages to property to survive regardless of death of either party. — Actions for wrongs done to property or interests therein may be brought against the wrongdoer by the person whose property or interest therein is injured. If the person whose property or interest therein is injured is dead, the action survives and may be brought against the wrongdoer by the person appointed as fiduciary for the estate of the deceased person. If the wrongdoer is dead, the action also survives and may be brought and maintained in the manner set forth in section 537.021. Such actions shall be brought and maintained in the same manner and with like effect in all respects as actions founded upon contracts.

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(RSMo 1939 § 98, A.L. 1977 S.B. 147)

Prior revisions: 1929 § 98; 1919 § 97; 1909 § 105

(1969) The charitable immunity doctrine is abolished and nongovernmental charitable institutions are liable for their own negligence and the negligence of their agents and employees acting within the scope of their employment. Abernathy v. Sisters of St. Mary's (Mo.), 446 S.W.2d 599.

(1969) Churches are liable for their own negligence and the negligence of their agents and employees acting within the scope of their employment. Garnier v. St. Andrew Presbyterian Church of St. Louis, Mo. (Mo.), 446 S.W.2d 607.

(1971) The doctrine of governmental immunity does not violate the constitutional rights of an injured party by depriving him of rights or property without due process. Wood v. County of Jackson (Mo.), 463 S.W.2d 834.

Notes of Decisions

Cited in 32 cases (6 in the last 5 years), 1955–2026 · leading case: Ellison v. Fry, 437 S.W.3d 762 (Mo. 2014).

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Ellison v. Fry, 437 S.W.3d 762 (Mo. 2014). · cites it 8× “Sections 537.010 and 537.021.1(2) require substitution of J.”

Earls v. Farmers Prod. Credit Ass'n, 763 S.W.2d 694 (Mo. Ct. App. 1988). · cites it 13× “Section 537.010, RSMo 1978, was in effect when Troy Earls died.”

Roedder v. Callis, 375 S.W.3d 824 (Mo. Ct. App. 2012). · cites it 9× “Roedder’s claims survive his death, Plaintiff relies on Missouri’s survival statutes: Sections 537.010, 537.020 and 537.030. 4 Section 537.”

Gwen M. Spicer v. Steven G. Spicer, & Debra S. Pauli, & John Doe & Jane Doe, 568 S.W.3d 480 (Mo. Ct. App. 2019). · cites it 6× “” Section 537.010.° In other words, only the fiduciary for the estate of the deceased person has standing to maintain a suit involving property interests if the injured party is deceased.”

Moffett v. Com. Trust Co., 283 S.W.2d 591 (Mo. 1955). · cites it 4× “Plaintiff also relies on Section 537.010, providing for survival of actions for wrongs done to the property rights or interests, and Section 537.”

Small v. Am. Tel. & Tel. Co., 759 F. Supp. 1427 (W.D. Mo. 1991). · cites it 4× “Mo.Rev.Stat. § 537.010. Like §§ 537.020 and 537.”

Britton-Paige v. Am. Health & Life Ins. Co., 900 S.W.2d 7 (Mo. Ct. App. 1995). · cites it 8× “Section 537.010 RSMo 1986. However, this statute provides for the survival of such action only to the fiduciary or personal representative of the estate of the deceased person.”

Breeden v. Hueser, 273 S.W.3d 1 (Mo. Ct. App. 2008). “” §§ 537.010, 537.020, RSMo 2000. Such actions survive the death of both the party suffering injury and the party causing it.”

Sullivan v. Carlisle, 851 S.W.2d 510 (Mo. 1993). “See §§ 537.010, 537.-020, 537.021. 7 . They could also be met if the state is the taker of last resort.”

White v. Emmanuel Baptist Church, 519 S.W.3d 917 (Mo. Ct. App. 2017). · cites it 2× “” Section 537.010; see also Niederberg v. Golluber, 162 S.”

Pedroli v. Missouri Pac. R.R., 524 S.W.2d 882 (Mo. Ct. App. 1975). · cites it 3× “Plaintiff bases his argument on §§ 537.010, other provisions of 537.020, and 537.”

Gray v. Wallace, 319 S.W.2d 582 (Mo. 1958). · cites it 2× “030) : “Sections 537.010 and 537.020 shall not extend to actions for slander, libel, assault and battery or false imprisonment.”

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