Effective - 23 May 1996
537.021. Action for damages — personal representative to maintain or defend — exception — action against liability insurer, procedure. — 1. The existence of a cause of action for an injury to property, for a personal injury not resulting in death, or for wrongful death, which action survives the death of the wrongdoer or the person injured, or both, shall authorize and require the appointment by a probate division of the circuit court of:
(1) A personal representative of the estate of a person whose property is injured, or a person injured or a person entitled to maintain a wrongful death action upon the death of any such person and such appointment in only those cases involving loss chance of recovery or survival shall be made notwithstanding the time specified in section 473.050 for the exclusive purpose of pursuing a cause of action related to such injury or wrongful death; provided that, in such cases, the court in which any such case is brought shall appoint a plaintiff ad litem at the request of the plaintiff or other interested person delineated in section 537.080 and such person shall be entitled to the proceeds of such action. Such plaintiff ad litem may maintain such action instead of the personal representative of the deceased and may maintain the action as an alternative theory in any action under section 537.080; and
(2) A personal representative of the estate of a wrongdoer upon the death of such wrongdoer; provided that, if a deceased wrongdoer was insured against liability for damages for wrongdoing and damages may be recovered from the wrongdoer's liability insurer, then the court in which any such cause of action is brought shall appoint at the request of the plaintiff or other interested party a qualified person to be known as a defendant ad litem. The defendant ad litem when so appointed shall serve and act as the named party defendant in such actions in the capacity of legal representative of the deceased wrongdoer and such appointment and any proceedings had or judgment rendered in such cause after such appointment shall be binding on the insurer of such deceased wrongdoer to the same extent as if a personal representative had acted as the legal representative of such deceased wrongdoer in such cause of action. Should the plaintiff in such cause of action desire to satisfy any portion of a judgment rendered thereon out of the assets of the estate of such deceased wrongdoer, such action shall be maintained against a personal representative appointed by the probate division of the circuit court and the plaintiff shall comply with the provisions of the probate code with respect to claims against decedents' estates. Nothing in this section shall be construed to permit a plaintiff in such cause of action to pursue other assets of a decedent's estate after the expiration of the time provided in section 473.444.
2. Nothing herein shall be construed to require that the deceased wrongdoer leave no assets subject to probate administration before the appointment of a defendant ad litem as herein provided, nor shall the appointment of a defendant ad litem as herein provided prevent the probate division of the circuit court from appointing a personal representative of the estate of the deceased wrongdoer for purposes of administration of the assets thereof.
3. The defendant ad litem may be allowed a reasonable fee by the court appointing him which shall be taxed as court costs. The defendant ad litem shall not be liable for court costs unless specially charged by the court for personal misconduct in the action.
4. Actions properly pending against personal representatives and defendants ad litem prior to September 28, 1981, shall not be affected by the provisions of this section.
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(L. 1977 S.B. 147, A.L. 1978 H.B. 1634, A.L. 1981 S.B. 22 & 119 & 23, A.L. 1993 S.B. 88, A.L. 1996 S.B. 494)
Effective 5-23-96
Structure Missouri Revised Statutes
Title XXXVI - Statutory Actions and Torts
Chapter 537 - Torts and Actions for Damages
Section 537.010 - Action for damages to property to survive regardless of death of either party.
Section 537.030 - Section 537.010 not to extend to what action.
Section 537.033 - Design professionals — peer review process, requirements.
Section 537.037 - Emergency care, no civil liability, exceptions (Good Samaritan law).
Section 537.050 - Civil action not merged in criminal prosecution.
Section 537.055 - Operation of a motorcycle not evidence of comparative negligence.
Section 537.060 - Contribution between tort-feasors — release of one or more, effect.
Section 537.068 - Court may enter remittitur order or increase jury award, when.
Section 537.069 - Provisions of certain laws applicable to all causes of action.
Section 537.080 - Action for wrongful death — who may sue — limitation.
Section 537.085 - Defenses to wrongful death action.
Section 537.090 - Damages to be determined by jury — factors to be considered.
Section 537.100 - Limitation of action — effect of absence of defendant and nonsuit.
Section 537.105 - Radio station not liable for defamation, when.
Section 537.110 - What words are actionable.
Section 537.115 - Food donation or distribution, limited liability, when.
Section 537.120 - Physician not liable for restraint of mentally incapacitated persons.
Section 537.125 - Shoplifting — detention of suspect by merchant — liability presumption.
Section 537.130 - Liability for damages caused by riotous assemblage.
Section 537.170 - Waiver of rights to damages by blind employee.
Section 537.190 - Fellow servant defined.
Section 537.200 - Vice-principals defined.
Section 537.210 - Contracts limiting liability invalid.
Section 537.220 - Construction and application of sections 537.180 to 537.210.
Section 537.240 - Railroads and railroad corporation or companies — terms construed.
Section 537.270 - Insufficient fence on railroad — stock killed — damages.
Section 537.280 - Injury to stock by railroad — agreed damages — payment, when.
Section 537.290 - Failure to pay agreed damages — double damages.
Section 537.295 - Agricultural operation not to be deemed a nuisance, when — exceptions — costs.
Section 537.300 - Penalty for driving away of others' stock by drovers.
Section 537.310 - Proceedings under section 537.300.
Section 537.320 - Judgment — execution.
Section 537.345 - Definitions for sections 537.345 to 537.347 and 537.351.
Section 537.348 - Landowner liable, when — definitions.
Section 537.350 - Double damages for throwing down gates and fences — exception.
Section 537.360 - Single damages only recoverable, when.
Section 537.370 - Penalties, how recovered.
Section 537.380 - Fires from railroad engines — damages.
Section 537.400 - Double damages for willful fires.
Section 537.410 - Damages for backwater caused by boom across stream — attorney's fee.
Section 537.420 - Tenant for life or years liable for treble damages for waste.
Section 537.430 - Who may sue.
Section 537.440 - Heirs may sue for waste, when.
Section 537.450 - Tenant holding land after having aliened it liable for waste.
Section 537.460 - Tenants liable to cotenants, when.
Section 537.470 - Conservators, liable for waste, when.
Section 537.480 - What damages recovered for waste.
Section 537.490 - Treble damages if waste was wantonly committed.
Section 537.500 - Where waste committed pending suit, receiver may take possession.
Section 537.510 - Actions for waste, brought against whom.
Section 537.520 - Interest as part of damages.
Section 537.524 - Injunction and damages for interference with lawful hunting and trapping.
Section 537.600 - Sovereign immunity in effect — exceptions.
Section 537.615 - Liability of state increase to apply, when.
Section 537.625 - Procedure to form insurance entity.
Section 537.630 - Director to approve articles and issue license.
Section 537.640 - Director to examine — renewal license fee — amendments to articles.
Section 537.645 - Director may take charge of entity, when.
Section 537.650 - Premium tax not required.
Section 537.684 - Filing of a claim, determining compensation, procedure — payment of claims.
Section 537.687 - Medical records submitted, when — violation, penalty.
Section 537.715 - Board of trustees — officers.
Section 537.720 - Board, meetings — quorum — expenses.
Section 537.725 - Board — records — reports — principal office — seal.
Section 537.730 - Board — duties — rulemaking authority — subpoena power — prohibited activities.
Section 537.735 - Fund account, how maintained.
Section 537.745 - Construction of provisions.
Section 537.750 - Exhaustion of fund, claims to be prorated.
Section 537.755 - Fund money not available for certain purposes, exception.
Section 537.756 - Maximum amount payable from fund — how calculated.
Section 537.760 - Products liability claim defined.
Section 537.785 - Citation of law — definitions.
Section 537.850 - Citation of law — definitions.
Section 537.859 - Immunity from liability, when — affirmative defense.
Section 537.1000 - Definitions.
Section 537.1010 - Health care providers, immunity from liability, exceptions.