Sullivan v. Carlisle

PRICE, Judge.

Thomas Sullivan, plaintiff ad litem, appeals the dismissal of his first amended petition for damages resulting from the death of Mary Catherine McCarty. We affirm and find that plaintiff’s claim fails because decedent’s estate is not a "person entitled to share in the proceeds of such action” under the wrongful death statute, §§ 537.080 to 537.100, RSMo. 1

I

In reviewing the circuit court’s dismissal of a petition, the Court determines if the facts pleaded and the inferences reasonably drawn therefrom state any ground for relief. We treat the facts averred as true and construe the…