Selsor v. Zenith Radio Corp., WITT-NEWTO
| Court | United States State Supreme Court of Missouri |
| Writing for the Court | HOLMAN; 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; BARDGETT; SEILER, C.J., dissents and concurs in sepa |
| Citation | 536 S.W.2d 157 |
| Parties | Deborah 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. |
| Decision Date | 14 April 1976 |
| Docket Number | WITT-NEWTO,A-ONE,INC,No. 59289 |
Page 157
next friend, Deborah Langford Selsor, Plaintiffs-Appellants,
v.
ZENITH RADIO CORPORATION of Missouri, Defendant and
Third-Party Plaintiff-Respondent,
v.
DeWITT-NEWTON, INC., Third-Party Defendant and Third-Party Plaintiff,
v.
A-ONE MANUFACTURING COMPANY, Third-Party Defendant.
Page 158
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...
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Crane v. Riehn, No. 59686
...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 plaintiffs, and moved to......
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Kausch v. Bishop, No. 60632
...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 proceed for wrongful dea......
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Edmonsond v. Lakeside Hospital Ass'n, No. 60013
...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 59 In the instan......
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Slack v. Englert, No. 42559
...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' attorney telephone......
-
Crane v. Riehn, No. 59686
...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 plaintiffs, and moved to......
-
Kausch v. Bishop, No. 60632
...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 proceed for wrongful dea......
-
Edmonsond v. Lakeside Hospital Ass'n, No. 60013
...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 59 In the instan......
-
Slack v. Englert, No. 42559
...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' attorney telephone......