Klein v. Abramson

SWOFFORD, Judge.

This is an appeal from an order of the court below sustaining defendant’s motion to dismiss the plaintiff’s first amended petition. The precise question is whether a daughter can maintain a suit under Section 537.080 RSMo 1969, V.A.M.S., against her stepfather for her mother’s wrongful death, allegedly caused by the stepfather’s negligence.

The plaintiff’s first amended petition is cast in two counts.

The first count in substance alleges that the plaintiff is the minor child of Phyllis Abramson, deceased; that on November 18, 1970, and prior thereto, the defendant was the lawful…