Section 4.10 Suit
| Library | Settling Cases 2014 |
First, it is advised that a wrongful death action be filed to invoke the protection of § 537.080.2, RSMo 2000. As stated in §4.2 above, there is no separable interest between members of a class until after a judgment has been rendered, and so there can be only one wrongful death claim, no matter how many members are in the class. SeeSnead by Snead v. Zephyr Transp., Inc., 819 S.W.2d 776 (Mo. App. W.D. 1991).
Even if settlement has already been agreed on, by filing suit, counsel prevents any known or...
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