Section 39 Comparative Fault and Contribution
| Library | Damages 2012 |
A wrongful death defendant may plead and prove any defense that the defendant would have had against the deceased in an action based on the same act or occurrence that caused the death of the deceased. Section 537.085, RSMo 2000. The comparative fault of the deceased is such a defense. See:
Jensen v. ARA Servs., Inc., 736 S.W.2d 374 (Mo. banc 1987) (the widow’s recovery of $120,000 following a verdict of $300,000 was supported by the evidence after settlement of one defendant for $100,000 and assessing the decedent’s fault at 40%)
Berra v. Union Elec. Co., 803 S.W.2d 188 (Mo. App...
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