Section 32 Remarriage of Spouse

• Library: Damages 2012

Remarriage does not abate an individual’s cause of action for wrongful death of their former spouse and may not be considered in the determination of the damages in a wrongful death action. Call v. Heard, 925 S.W.2d 840, 852 (Mo. banc 1996). In Call, the defendant claimed that the plaintiff opened the door to cross-examination on the topic of her remarriage by offering into evidence a psychological report mentioning that the plaintiff had found comfort in her remarriage. The Court held that though this...