Section 14.4 Defenses in Wrongful Death Cases

• Library: Tort Law 2016

Section 537.085, RSMo 2000, makes caselaw consistent with statutory law as to the assertion of defenses in wrongful death cases. Specifically, under § 537.085, the defendants may plead and prove "any defense which the defendant would have had against the deceased in an action based upon the same act, conduct, occurrence, transaction, or circumstance which caused the death of the deceased."

Comparative fault of a decedent may be assessed against the beneficiaries in a wrongful death action. But comparative fault of one beneficiary may not be imputed to reduce the recovery of other beneficiaries. "To reduce a defendant’s liability by the percentage of fault of one of several beneficiaries is inconsistent with the nature of the wrongful death cause of action." Teeter v. Mo. Highway & Transp. Comm’n, 891 S.W.2d 817, 819 (Mo. banc 1995); see alsoState ex rel. Griffin v. Belt, 941 S.W.2d 570, 573 (Mo. App. W.D. 1997). The Teeter Court did leave open the determination of whether these principles would apply when there was one beneficiary who had comparative fault in a...