Section 4 Parties Entitled to Maintain an Action

• Library: Damages 2012

Section 537.080, RSMo 2000, sets forth, with ranking priorities, three classes of persons statutorily entitled to maintain suit in a wrongful death action:

1. Spouse, children (natural or adopted, legitimate or illegitimate), parents (natural or adoptive)

2. Siblings or their descendants

3. Plaintiffs ad litem

The spouse, children, and parents of the decedent are placed on equal footing, all with the highest priority. Id. In addition, § 537.080 expressly provides that the surviving lineal descendants of any deceased children constitute a person in the “first class” if a child is deceased. If there are no persons in that class to bring an action, the siblings are entitled to bring suit. Id. Likewise, if there are no siblings or persons in the “first class” entitled to bring an action, a plaintiff ad litem may pursue the claim. Id.

Section 537.080 does not distinguish between the members within a given class, and, as such, one or all members of a particular class may bring an action. Furthermore, there is no requirement that the plaintiffs elect or appoint a...