Missouri Revised Statutes

Mo. Rev. Stat. § 537.030 (2026)

Section 537.010 not to extend to what action

✓ current as of May 2026
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  537.030.  Section 537.010 not to extend to what action. — Sections 537.010 and 537.020 shall not extend to actions for slander, libel, assault and battery or false imprisonment.

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(RSMo 1939 § 99, A. 1949 H.B. 2135)

Prior revisions: 1929 § 99; 1919 § 98; 1909 § 106

Notes of Decisions
Cited in 15 cases (2 in the last 5 years), 1955–2025 · leading case: Gray v. Wallace, 319 S.W.2d 582 (Mo. 1958).
Gray v. Wallace, 319 S.W.2d 582 (Mo. 1958). · cites it 27× “(§ 537.030) : “Sections 537.010 and 537.020 shall not extend to actions for slander, libel, assault and battery or false imprisonment.”
Roedder v. Callis, 375 S.W.3d 824 (Mo. Ct. App. 2012). · cites it 16× “Section 537.030 excepts four causes of action from survival: slander, libel, assault and battery, and false imprisonment.”
Ellison v. Fry, 437 S.W.3d 762 (Mo. 2014). · cites it 2× “1959) (survival of actions for personal injury is intended to change common law that personal injury claims abate upon death and will be broadly interpreted to include all claims for personal injury not barred by section 537.030, which provides that "sections 537.”
State v. Fowler, 938 S.W.2d 894 (Mo. 1997). · cites it 2× “1 provides that the elements of stealing are (1) appropriation (2) of property or services (3) of another (4) with the purpose to deprive him thereof (5) either without the owner’s consent or by means of deceit or coercion. Because appellant was charged with a class C felony, an…”
Brennecke Ex Rel. Brennecke v. Kilpatrick, 336 S.W.2d 68 (Mo. 1960). · cites it 2× “, § 537.030, expressly excludes `actions for slander, libel, assault and battery or false imprisonment' and does not mention tort actions between husband and wife is of some force and significance.”
Ennis Ex Rel. Munday v. Truhitte, 306 S.W.2d 549 (Mo. 1957). · cites it 2× “§ 537.030, expressly excludes "actions for slander, libel, assault and battery or false imprisonment" and does not mention tort actions between husband and wife is of some force and significance.”
Small v. Am. Tel. & Tel. Co., 759 F. Supp. 1427 (W.D. Mo. 1991). · cites it 2× “The state supreme court's analysis directly contradicts the sole argument defendants raise in support of their assertion that Small’s claims should not survive his death: that claims “personal” to the party abate at his or her death.”
Bello v. Random House, Inc., 422 S.W.2d 339 (Mo. 1967). · cites it 4× “to dismiss and dismissed the petition for two reasons: (1) for failure to state a claim upon which relief can be granted and (2) because any claim that may exist has abated under the provisions of § 537.030, RSMo 1959, V.A. M.S. 2 Plaintiff appealed, claiming that in so ruling…”
Donaldson v. State, 775 S.W.2d 237 (Mo. Ct. App. 1989). · cites it 2× “Movant was convicted, after a jury trial, of stealing over $150, § 537.030, RSMo 1978, and sentenced as a persistent offender to a term of twelve years’ imprisonment.”
Ross v. Pugh, 277 S.W.2d 688 (Mo. Ct. App. 1955). · cites it 11× “Upon motion of the executrix the action was dismissed with prejudice, on the ground that it abated upon defendant’s death, and that Section 537.030 RSMo 1949, V.A.M.S, forbade its revival.”
Childs v. Brummett (W.D. Mo. 2021). · cites it 7× “Here, Plaintiff concedes (1) the applicable rule in this case is that, in determining whether a particular §1983 claim survives the death of the plaintiff, the Court looks to the closest or most analogous state tort equivalent, see § 1988(a), (2) the closest state tort…”
Hazel Erby v. St. Louis Cnty. (Mo. Ct. App. 2025). · cites it 5× “” § 537.030. The question presented here is whether Erby’s causes of action, brought under the MHRA and PEWS, were personal injury actions that survived her death.”
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