Section 14.12 Effect of Failure to Join in the Suit
| Library | Tort Law 2016 |
B. (§14.12) Effect of Failure to Join in the Suit
Once a person entitled to bring a wrongful death action has settled, others are barred and left with the exclusive remedy of attacking the validity of the prior judgment under Rule 74.06. Davis v. Wilson, 804 S.W.2d 392 (Mo. App. W.D. 1991). But there is a major exception to this barring of claims when the claims are against different defendants. Section 537.080.2, RSMo 2000, prevents multiple suits against a single defendant for the wrongful death of a...
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