537.085. Defenses to wrongful death action.
Defenses to wrongful death action.
537.085. On the trial of such action to recover damages forcausing death, the defendant may plead and prove as a defense anydefense which the defendant would have had against the deceasedin an action based upon the same act, conduct, occurrence,transaction, or circumstance which caused the death of thedeceased, and which action for damages the deceased would havebeen entitled to bring had death not ensued.
(L. 1955 p. 778 § 537.090, A.L. 1979 S.B. 368)