Selsor v. Zenith Radio Corp., WITT-NEWTO

Decision Date14 April 1976
Docket NumberWITT-NEWTO,A-ONE,INC,No. 59289,59289
Citation536 S.W.2d 157
PartiesDeborah Langford SELSOR and Shawn Olen Langford, a minor, by next friend, Deborah Langford Selsor, Plaintiffs-Appellants, v. ZENITH RADIO CORPORATION of Missouri, Defendant and Third-Party Plaintiff-Respondent, v. De, Third-Party Defendant and Third-Party Plaintiff, v.MANUFACTURING COMPANY, Third-Party Defendant.
CourtMissouri Supreme Court

Donald E. Woody and Warren S. Stafford, Taylor Stafford & Gannaway, Springfield, for plaintiffs-appellants.

Kenneth H. Reid and Meredith B. Turner, Springfield, for respondent.

HOLMAN, Judge.

This is a wrongful death case filed by the widow and minor child of deceased against Zenith Radio Corporation of Missouri. Zenith filed a petition as third-party plaintiff against its general contractor, DeWitt-Newton, Inc. Apparently, DeWitt, in turn, filed a third-party petition against decedent's employer, A-One Manufacturing Company.

The trial court ordered a separate trial of plaintiffs' claim against defendant Zenith. Zenith filed a motion for summary judgment on the claim of plaintiffs. That motion was heard by the court and sustained. The judgment for Zenith entered accordingly was designated by the court in accordance with Rule 81.06 as a final judgment for purposes of appeal. Plaintiffs appealed to the Springfield District of the Missouri Court of Appeals. Upon joint application of the parties we ordered the case transferred to this court before opinion.

The relevant facts are not in dispute. James Langford was killed while on defendant's property on March 13, 1973. He left surviving the plaintiffs and also his mother. The mother filed an affidavit stating that deceased was not contributing to her support and that she did not incur any pecuniary loss by reason of his death. The instant suit was filed on October 16, 1974. The mother did not file any suit.

It is obvious from the facts stated that the question for decision by the trial court (and this court on appeal) was whether plaintiffs, as decedent's widow and minor child, could maintain the wrongful death action which was filed more than one year but less than two years after decedent's death. See Section 537.080, RSMo 1969, V.A.M.S.

The question presented has been ruled adversely to plaintiffs in the case of State of Missouri, ex rel., Kansas City Stock Yards Company of Maine, Petitioner, vs. Honorable Donald B. Clark, Judge of the Circuit Court of Jackson County, Missouri, Respondent, no. 59217, decided concurrently herewith. While this case comes to us in a different posture and while the Clark case had issues presented that are not instantly before us the precise question here presented was decided therein. We have carefully searched the briefs and do not find any theory suggested or case cited as authority which were not considered in Clark. It accordingly follows that it would be useless duplication and a waste of space and time to discuss herein the reasoning and authorities which led to our decision in Clark and which controls and dictates our ruling on the question presented in the case at bar.

We accordingly rule that the plaintiffs cannot maintain this action and that the trial court properly entered a summary judgment in favor of defendant.

Judgment affirmed.

MORGAN,...

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4 cases
  • Crane v. Riehn, 59686
    • United States
    • Missouri Supreme Court
    • July 24, 1978
    ...After the decisions of this Court in State ex rel. Kansas City Stock Yards v. Clark, 536 S.W.2d 142 (Mo.banc 1976) and Selsor v. Zenith Radio Corporation, 536 S.W.2d 157 (Mo.banc 1976), defendants amended their pleadings alleging that decedent's parents survived him, a fact admitted by plai......
  • Kausch v. Bishop
    • United States
    • Missouri Supreme Court
    • July 24, 1978
    ...years after decedent's death, but who did not claim to have suffered any pecuniary loss from their son's death. See also Selsor v. Zenith Radio Corp., 536 S.W.2d 157 (Mo. banc 1976). Both Clark and Selsor are based upon the concept that certain beneficiaries are given a preferred right to p......
  • Slack v. Englert, 42559
    • United States
    • Missouri Court of Appeals
    • April 14, 1981
    ...year after the death of Susan D. Slack. 1 State ex rel. Kansas City Stock Yards v. Clark, 536 S.W.2d 142 (Mo. banc 1976); Selsor v. Zenith Radio Corp., 536 S.W.2d 157 (Mo. banc 1976). Appellants filed their petition on July 13, 1979. Shortly after the petition had been filed appellants' att......
  • Edmonsond v. Lakeside Hospital Ass'n
    • United States
    • Missouri Supreme Court
    • March 13, 1978
    ...restate my views on the matter. See my dissenting opinions in State ex rel. Kansas City Stock Yards, supra, at 149, and Selsor v. Zenith Radio Corp., 536 S.W.2d 157 (Mo. banc 1976); and concurring opinions in Montemayor v. Harvey, 490 S.W.2d 61 (Mo.1973), and Almcrantz v. Carney, 490 S.W.2d......

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