Damages under Missouri's wrongful death statute
are consistent with the "pecuniary loss rule," which is the majority rule for damages for wrongful death.
Consequently, our wrongful death statute
will no longer be regarded as 'creating the right' to recovery for wrongful death.
82) Subsequently due to this decision, American and English courts refused to recognize a cause of action for wrongful death in the absence of a wrongful death statute
23) The decedents' survivors were denied an adequate remedy, which provided additional impetus for the passage of a federal maritime wrongful death statute
338) It found that, despite the statutory language, the wrongful death statute
regulated only the remedy and procedures for wrongful death actions, while the right to sue for wrongful death was one of common-law origin and thus an issue for the court to decide.
Feticide and fetal wrongful death statutes
achieve both of these goals without reaching beyond their ken.
Therefore, the only impediment to suit is the admittedly daunting challenge of finding a court sufficiently sympathetic to read the wrongful death statute
Montowese Health and Rehabilitation, (26) a trial court in Connecticut held that loss of chance must be brought under the state's wrongful death statute
as an alternative theory of recovery and not as a separate common law cause of action.
The court noted that the same state senator sponsored both the state's wrongful death statute
and vehicular homicide statute, and that the legislature passed both measures during a single legislative session.
100, (43) the three-year wrongful death statute
of limitations, and the hospital filed motions for judgment on the pleadings.
45) where a commercial fisherman was killed due to the negligence of a third party in territorial waters, the Louisiana Court of Appeal for the First Circuit allowed the beneficiaries of a commercial fisherman to supplement maritime law with the state wrongful death statute
affirming an award for nonpecuniary damages.
The court held, inter alia, that even if the plaintiff could not proceed under the Child Wrongful Death Statute
(CWDS) she should be allowed to proceed under the Medical Malpractice Act.