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STATE EX REL. ELLIS v. STUSSIE

No. 58642.

515 S.W.2d 411 (1974)

STATE of Missouri ex rel. Marion ELLIS, Individually and as Executrix of the Estate of Gordon Ellis, Relator, v. The Honorable Harry J. STUSSIE, Judge of the Circuit Court of St. Louis County, Missouri, Division Number 2, Respondent.

Supreme Court of Missouri, En Banc.

November 12, 1974.

Attorney(s) appearing for the Case

G. Carroll Stribling, Randolph E. Schum, Fordyce, Mayne, Hartman, Renard, Stribling & Boedeker, St. Louis, for relator.

Paul E. Kovacs, Carter, Brinker & Doyen, Clayton, for respondent.

SEILER, Judge.

Relator's decedent was killed on September 12, 1973 in an automobile collision. At that time Sec. 537.090, RSMo 1969 V.A.M.S. was in effect and provided that no recovery in a wrongful death action could exceed $50,000. When relator filed suit however, Sec. 537.090 had been repealed, and a new statute eliminating the dollar limitation was enacted in its place, Sec. 537.090, RSMo 1973, V.A.M.S. Relator's petition requested damages in the amount of $500...

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