STATE EX REL. RESEARCH MED. CENTER v. PETERS

No. WD 33089.

631 S.W.2d 938 (1982)

STATE ex rel. RESEARCH MEDICAL CENTER, Plaintiff, v. The Honorable William J. PETERS, Judge of the Circuit Court of Jackson County, Missouri, Division Sixteen, Defendant.

Missouri Court of Appeals, Western District.

March 30, 1982.


Attorney(s) appearing for the Case

John M. Kilroy, Shugart, Thompson & Kilroy, Kansas City, for relator.

James R. Bartimus, Kansas City, for defendant.

Before SOMERVILLE, C. J., and SHANGLER, PRITCHARD, WASSERSTROM, TURNAGE, CLARK and KENNEDY, JJ.


SHANGLER, Judge.

This proceeding in mandamus petitions us to direct the trial court, as a matter of right, to dismiss an action for wrongful death as within the bar of limitations. The precise question the proceeding poses is: whether the 1979 amendment to the wrongful death statutes which enlarges the period of limitations applies to an existent cause of action.

On June 6, 1979, Everett Peace, Jr. died. The statutes then extant [§§ 537.080...

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