Slack v. Englert

DOWD, Judge.

This is an appeal from an order of dismissal entered by the Gasconade County Circuit Court which sustained defendants-respondents’ motion to dismiss plaintiffs-appellants’ wrongful death action for failure to commence the action within the applicable limitation period. We reverse and remand.

Plaintiffs-appellants are the surviving spouse and all of the minor children of Susan D. Slack who died on July 15, 1978. Decedent was also survived by her mother. Pursuant to Section 537.080 RSMo 1978, appellants were required to commence their action within one year after the death of Susan…