Legal Opinion

State Ex Rel. Research Medical Center v. Peters

Missouri Court of Appeals

Decided March 30, 1982No. WD 33089PublishedCited by 34 opinions

1Opinion of the Court

SHANGLER, Judge.

This proceeding in mandamus petitions us to direct the trial court, as a matter of right, to dismiss an action for wrongful death as within the bar of limitations. The precise question the proceeding poses is: whether the 1979 amendment to the wrongful death statutes which enlarges the period of limitations applies to an existent cause of action.

On June 6, 1979, Everett Peace, Jr. died. The statutes then extant [§§ 537.080 and 537.100, RSMo 1969] prescribed that every action for wrongful death be commenced within two years after accrual and that the spouse or minor children…

2Cases cited31 opinions

  1. Cummins v. Kansas City Public Service Co.Supreme Court of Missouri · 1933
  2. Clark v. Kansas City, St. Louis & Chicago RailroadSupreme Court of Missouri · 1909
  3. State Ex Rel. St. Louis-San Francisco Railway Co. v. BuderSupreme Court of Missouri · 1974
  4. Barker v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1886
  5. Nelms Ex Rel. Nelms v. BrightSupreme Court of Missouri · 1957

26 more not listed; retrieve them via the Exa API.

3Cited by34 opinions

  1. Linda Jasperson, Appellant/cross-Appellee v. Purolator Courier Corp., Appellee/cross-AppellantCourt of Appeals for the Eighth Circuit · 1985
  2. Wilkes v. Missouri Highway & Transportation CommissionSupreme Court of Missouri · 1988
  3. Doe v. Roman Catholic Diocese of Jefferson CitySupreme Court of Missouri · 1993
  4. State of Minn. Ex Rel. Hove v. DoeseSouth Dakota Supreme Court · 1993
  5. State v. CasarettoMissouri Court of Appeals · 1991

29 more not listed; retrieve them via the Exa API.

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