Section 4.3 Class 2 Beneficiaries (Decedent’s Siblings or Siblings’ Descendants)

• Library: Settling Cases 2014

The second class is only relevant if there are no persons in class 1. See Johnson ex rel. Wilken v. Jones, 67 S.W.3d 702 (Mo. App. W.D. 2002). If no person from class 1 exists, the cause of action is owned “by the brother or sister of the deceased, or their descendants, who can establish his or her right to those damages set out in section 537.090 because of the death.” Section 537.080.1(2), RSMo 2000.

The damages set out in § 537.090, RSMo Supp. 2013, are “pecuniary losses suffered by reason of the death, funeral expenses, and the reasonable value of the services, consortium, companionship, comfort, instruction, guidance, counsel, training, and support of which [beneficiaries] have been deprived,” and “damages as the deceased may have suffered between the time of injury and the time of death.” If the...