Pedroli v. Missouri Pacific Railroad

524 S.W.2d 882, 1975 Mo. App. LEXIS 1704
CourtMissouri Court of Appeals
DecidedJune 17, 1975
Docket36331
StatusPublished
Cited by19 cases

This text of 524 S.W.2d 882 (Pedroli v. Missouri Pacific Railroad) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Pedroli v. Missouri Pacific Railroad, 524 S.W.2d 882, 1975 Mo. App. LEXIS 1704 (Mo. Ct. App. 1975).

Opinion

WEIER, Presiding Judge.

Charles Pedroli, administrator of the estate of Angelo Pedroli, deceased, filed suit for the wrongful death of decedent’s wife, Louise Pedroli. The petition was dismissed by the trial court for failure to state a claim upon which relief could be granted. On appeal, the sole issue concerns the survival of a wrongful death action in the administrator of a decedent who died subsequent to the alleged wrongful death of his spouse without having filed the action. We affirm the action of the trial court in dismissing the petition.

The facts disclosed by the pleadings indicate that on March 13, 1971 Louise Pedroli, the wife of Angelo Pedroli, while a passenger in an automobile driven by David Cer-utti, was fatally injured in a collision with a train of the Missouri Pacific Railroad in the City of St. Louis. David Cerutti also died in this accident. Sixteen days thereafter, on March 29, 1971, Angelo Pedroli, without having filed any wrongful death action, died and plaintiff Charles Pedroli was appointed the administrator of his estate. The administrator then brought this action for the death of Louise Pedroli, alleging specific acts of negligence by the defendant Missouri Pacific Railroad and the deceased, David Cerutti. The petition stated that it was brought pursuant to § 537.020, RSMo 1969, V.A.M.S., and prayed damages in the sum of $50,000.00.

Plaintiff administrator contends on appeal that he is the proper party to commence an action for the wrongful death of Louise Pedroli. He submits that Angelo Pedroli had a vested right to bring this action after the death of his wife which did not abate at his death. Further, plaintiff administrator contends that the right having once vested in the deceased passed to plaintiff as deceased’s personal representative and the administrator of his estate pursuant to § 537.020.

Section 537.020 reads in part as follows: “1. * * * Causes of action for death shall not abate by reason of the death of any party to any such cause of action, but shall survive to the personal representative of such party bringing such cause of action * * (Emphasis added.) As plaintiff acknowledges, the basic question to be decided under this provision of § 537.020 is whether Angelo Pedroli, the deceased’s husband, had to institute an action for his wife’s death prior to his own death in order for this claim to survive to his personal representative, who is in this case the plaintiff. Plaintiff bases his argument on §§ 537.010, other provisions of 537.020, and 537.080, RSMo 1969, V.A.M.S. He urges that these statutory provisions should be *884 considered in pari materia and must be construed together in order to maintain harmony in this area of the law. Section 537.010 provides that actions for property damage may be brought by the person injured or by his administrator after his death. Section 537.020, before that portion previously quoted, provides that causes of action for personal injuries not resulting in death should not abate by reason of death but should survive to a personal representative of such injured party. Section 537.080 designates the specific and exclusive parties who have a right to commence an action for wrongful death: First, the surviving spouse or minor children of the deceased; if none of these survive or do not bring an action, then the surviving parents of a deceased; and if none of these parties survive, the deceased’s administrator. Plaintiff submits that the language of § 537.020, supra, in regard to survival of wrongful death actions, is ambiguous, and that the legislature could not have intended certain actions such as personal injury claims and property damage claims to survive to a personal representative or administrator, and at the same time not intend wrongful death actions to survive in the same manner. We do not see that the language of that portion of the section questioned is ambiguous and can see no basis for the application of the rule of construction which he seeks to apply.

The primary rule of statutory construction is to ascertain the intent of the legislature. Missouri Pacific Railroad Company v. Kuehle, 482 S.W.2d 505, 509[3] (Mo.1972). This legislative intent should be ascertained from the words used, if possible, and in doing so the words should be given their plain and ordinary meaning so as to promote the object and manifest purpose of the statute. State ex rel. State Highway Commission v. Wiggins, 454 S.W.2d 899, 902[5] (Mo. banc 1970). When the language of a statute is unambiguous and conveys a plain and definite meaning, the courts have no business to look for or to impose another meaning. DePoortere v. Commercial Credit Corporation, 500 S.W.2d 724, 727[1] (Mo.App.1973). If a statute is unambiguous, a court should regard it as meaning what it says since the legislature is presumed to have intended exactly what it states directly. DePoortere v. Commercial Credit Corporation, supra at 727[2].

The applicable language of § 537.020 is plain and unambiguous. It conveys a definite meaning. When it says: “Causes of action for death shall not abate by reason of the death”, it refers to “death of any party to any such cause of action”. When it states that the cause of action shall survive to the personal representative, it refers to “the personal representative of such party bringing such cause of action”. Clearly, survival of the cause of action to the personal representative of any party is dependent upon that party having brought the cause of action before his death. If, as suggested by the plaintiff, we consider the other sections to which he referred (§§ 537-010, the provisions of 537.020 applicable to survival of claims for personal injuries, and 537.080), our conclusion is the same. The language of these provisions is plain. There is no language to indicate that in such actions a suit must be brought by the deceased prior to his death in order that the actions survive.

Historically, at common law, a tort action for wrongful death did not survive the death of either the victim or the wrongdoer. Manson v. Wabash Railroad Company, 338 S.W.2d 54, 57[1] (Mo. banc 1960). A person suing under the statute must bring himself in his pleadings and proof strictly within the statutory requirements. If this is not done, then the petition states no cause of action and the proof is insufficient to sustain the judgment. Chandler v. Chicago & A. R. Co., 251 Mo. 592, 158 S.W. 35, 37[4] (1913).

Perhaps, as plaintiff suggests, an anomalous result is achieved in the situation *885 presented here if his appeal is denied, argument could be made that in certain circumstances, that is, where a person survives a short time after the wrongful death of his or her spouse and is not able to initiate a cause of action, a possible hardship ensues. The language of § 537.020 has been subject to question on this particular point. 1

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Bluebook (online)
524 S.W.2d 882, 1975 Mo. App. LEXIS 1704, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pedroli-v-missouri-pacific-railroad-moctapp-1975.