537.020. Action for personal injury or death to survive regardless of death of either party. — 1. Causes of action for personal injuries, other than those resulting in death, whether such injuries be to the health or to the person of the injured party, shall not abate by reason of his death, nor by reason of the death of the person against whom such cause of action shall have accrued; but in case of the death of either or both such parties, such cause of action shall survive to the personal representative of such injured party, and against the person, receiver or corporation liable for such injuries and his legal representatives, and the liability and the measure of damages shall be the same as if such death or deaths had not occurred. Causes of action for death shall not abate by reason of the death of any party to any such cause of action, but shall survive to the personal representative of such party bringing such cause of action and against the person, receiver or corporation liable for such death and his or its legal representatives.
2. The right of action for death or the right of action for personal injury that does not result in the death shall be sufficient to authorize and to require the appointment of a personal representative by the probate division of the circuit court upon the written application therefor by one or more of the beneficiaries of the deceased. The existence of the right of action for death or personal injury that does not result in death shall be sufficient to authorize and to require the appointment of a personal representative for the person liable for such death or injury by the court having probate jurisdiction upon his death upon the written application of any person interested in such right of action for death or injury.
Notes of Decisions
Ruth Mickels v. Raman Danrad, M.D., 486 S.W.3d 327 (Mo. 2016).
· cites it 38× “Section 537.020 provides: “Causes of action for personal injuries, other than those resulting in death, whether such injuries be to the health or to the person of the injured party, shall not abate by reason of his death ….”
Gray v. Wallace, 319 S.W.2d 582 (Mo. 1958).
· cites it 35× “The sole question here is whether, by virtue of Sections 537.020 and 537.030 RSMo 1949, V.”
State Ex Rel. McCubbin v. Ginn, 347 S.W.2d 119 (Mo. 1961).
· cites it 46× “The prayer was that the court enter its order appointing a personal representative of deceased Harry Robertson, under and pursuant to the provisions of § 537.020 RSMo 1949, as amended by the Laws of 1955, V.”
Kivland v. Columbia Orthopaedic Grp., LLP, 331 S.W.3d 299 (Mo. 2011).
· cites it 5× “See section 537.020, RSMo 1959. Because this person was the same person in Wallace , the theories factually disproved each other and required election.”
Kopoian v. George W. Miller & Co., Inc., 901 S.W.2d 63 (Mo. Ct. App. 1995).
· cites it 16× “, as another reason it should have judgment against the Jerry Mee estate claim, says that, since Mee's personal representative claimed that Mee's death resulted from the injuries, Mee's cause of action did not survive to the personal representative under Section 537.020, RSMo…”
Roedder v. Callis, 375 S.W.3d 824 (Mo. Ct. App. 2012).
· cites it 16× “Section 537.020 provides, in pertinent part, that: Causes of action for personal injuries, other than those resulting in death, whether such injuries be to the health or to the person of the injured party, shall not abate by reason of his death, .”
Carter v. Pottenger, 888 S.W.2d 710 (Mo. Ct. App. 1994).
· cites it 15× “] Section 537.020 RSMo 1986 provides for the survival of such actions to the personal representative of the injured party.”
Marks v. Hardware Dealers Mut. Fire Ins. Co., 416 S.W.2d 208 (Mo. Ct. App. 1967).
· cites it 11× “252, Section 537.020 RSMo 1959) providing for the survival to the personal representative of causes of action for personal injuries on the death of the person injured, has as to making such causes of action assignable, and therefore vesting in the trustee in bankruptcy, has been…”
In re Est. of Mickels, 542 S.W.3d 311 (Mo. 2018).
· cites it 8× “The Court vacated the judgment and remanded the case upon finding the claims in the petition stated a negligence action "that would have been actionable under section 537.020 3 if brought by *313 Mr. Mickels's personal representative.”
Stemley v. Downtown Med. Bldg., Inc., 762 S.W.2d 43 (Mo. 1988).
· cites it 10× “Count II prays appointment of Jack Wilkinson as defendant ad litem for Twelve Ten pursuant to § 537.020, RSMo 1986 on the showing that the certificate of dissolution established the death of the corporation.”
State Ex Rel. Emmons v. Hollenbeck, 394 S.W.2d 82 (Mo. Ct. App. 1965).
· cites it 16× “Section 537.020. 1 (Except as otherwise specifically stated, all statutory references are to RSMo 1959, V.”
Smith v. Tang, 926 S.W.2d 716 (Mo. Ct. App. 1996).
· cites it 8× “and Salem Memorial District Hospital seeking damages under § 537.020 RSMo 1986, the survivorship statute, for medical malpractice resulting in a lost chance of survival.”
— Mo. Rev. Stat. § 537.020(1) — 3 cases
Marks v. Hardware Dealers Mut. Fire Ins. Co., 416 S.W.2d 208 (Mo. Ct. App. 1967).
“252, Section 537.020 RSMo 1959) providing for the survival to the personal representative of causes of action for personal injuries on the death of the person injured, has as to making such causes of action assignable, and therefore vesting in the trustee in bankruptcy, has been…”
— Mo. Rev. Stat. § 537.020(2) — 1 case
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