Section 4.18 Class 1 and Class 2

• Library: Settling Cases 2014

The wrongful death cause of action is created and vests with the applicable beneficiaries at the moment of the decedent’s death. If one of the beneficiaries later brings or joins a lawsuit but then dies before the suit is concluded, the class member’s estate is still entitled to participate in the apportionment of the recovery. Cameron v. Morrison,901 S.W.2d 171, 174–75 (Mo. App. W.D. 1995). If the class member had not filed or joined a lawsuit before dying, the cause of action is abated upon the death of the beneficiary...