537.020. Action for personal injury or death to survive regardless of death of either party.
Action for personal injury or death to survive regardless of death ofeither party.
537.020. 1. Causes of action for personal injuries, otherthan those resulting in death, whether such injuries be to thehealth or to the person of the injured party, shall not abate byreason of his death, nor by reason of the death of the personagainst whom such cause of action shall have accrued; but in caseof the death of either or both such parties, such cause of actionshall survive to the personal representative of such injuredparty, and against the person, receiver or corporation liable forsuch injuries and his legal representatives, and the liabilityand the measure of damages shall be the same as if such death ordeaths had not occurred. Causes of action for death shall notabate by reason of the death of any party to any such cause ofaction, but shall survive to the personal representative of suchparty bringing such cause of action and against the person,receiver or corporation liable for such death and his or itslegal representatives.
2. The right of action for death or the right of action forpersonal injury that does not result in the death shall besufficient to authorize and to require the appointment of apersonal representative by the probate division of the circuitcourt upon the written application therefor by one or more of thebeneficiaries of the deceased. The existence of the right ofaction for death or personal injury that does not result in deathshall be sufficient to authorize and to require the appointmentof a personal representative for the person liable for such deathor injury by the court having probate jurisdiction upon his deathupon the written application of any person interested in suchright of action for death or injury.
(RSMo 1939 § 3670, A.L. 1947 V. II p. 225, A.L. 1949 p. 633, A.L. 1955 p. 780, A.L. 1977 S.B. 147, A.L. 1978 H.B. 1634)Prior revisions: 1929 § 3280; 1919 § 4231; 1909 § 5438
Effective 1-2-79
(1971) Where parents of deceased child were not made defendants in plaintiff's suit against child's administrator, they could not bring themselves into that action as counter-claimants for wrongful death. State ex rel. Saupe v. Swink (A.), 475 S.W.2d 466.
(1975) Wrongful death action of husband for wife's death abated on his death sixteen days later and did not pass to his personal representative. Pedroli v. Missouri Pacific Railroad (A.), 524 S.W.2d 882.