(DOWNLOAD) "State Missouri v. Honorable Ronald M. Belt" by Western District Court of Appeals of Missouri * Book PDF Kindle ePub Free
eBook details
- Title: State Missouri v. Honorable Ronald M. Belt
- Author : Western District Court of Appeals of Missouri
- Release Date : January 28, 1997
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
Frankie Fern Huntsman was killed when the car in which she was being driven by her daughter, Relator Willa F. Griffin, was involved in a collision with a car driven by John Glaspie. Mrs. Huntsman's sister, Ethelene Graves, brought suit against Ms. Griffin and Mr. Glaspie for the wrongful death of Mrs. Huntsman. Ms. Griffin filed a third-party claim against Mr. Glaspie and moved for summary judgment on Mrs. Graves' claim against her. In support, Ms. Griffin argued that because she is the deceased's sole surviving ""class (1)"" beneficiary under Missouri's Wrongful Death statute, she had the sole right to sue for the death of Mrs. Huntsman. Mrs. Graves countered that because Ms. Griffin is fully or partially at fault for her mother's death, Ms. Griffin is not entitled to sue under the Wrongful Death statute, and the right to sue thus devolved to her as the deceased's sister and only ""class (2)"" beneficiary under the Wrongful Death statute. The court below agreed with Mrs. Graves and denied Ms. Griffin's motion for summary judgment. At the application of Ms. Griffin, we issued our preliminary writ of prohibition to prevent Judge Ronald M. Belt from denying Ms. Griffin's motion for summary judgment on the claim of Mrs. Graves against her. We now make our writ permanent.
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