Section 14.13 Suit or Settlement by Plaintiff Ad Litem

LibraryTort Law 2016

C. (§14.13) Suit or Settlement by Plaintiff Ad Litem

Section 537.095.2, RSMo 2000, removes any doubt about the power of the personal representative to recover damages for wrongful death and to distribute them in accordance with the laws of descent. The court is granted specific powers to deviate from the laws of descent when great inequities might otherwise result. A plaintiff ad litem is entitled to sue or settle.

But in an action for the wrongful death of a child, even though the grandmother was appointed as plaintiff ad litem and the child had been removed...

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