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ROBINSON v. HEATH

No. 12490.

633 S.W.2d 203 (1982)

Shirley ROBINSON, Plaintiff-Appellant, v. Roy HEATH and Esther Heath, d/b/a Esther's Tavern, Defendants-Respondents.

Missouri Court of Appeals, Southern District, Division Two.

Motion for Rehearing Overruled and to Transfer Denied April 21, 1982.

Application to Transfer Denied June 14, 1982.

Attorney(s) appearing for the Case

James E. Curry, Ava, for plaintiff-appellant.

Charles E. Fowler, III, Patrick K. Roberts, Daniel, Clampett, Rittershouse, Dalton & Powell, Springfield, for defendants-respondents.

Motion for Rehearing Overruled and to Transfer to Supreme Court Denied April 21, 1982.

PREWITT, Presiding Judge.

Plaintiff's husband, Douglas Robinson, died May 11, 1979. She brought this action on May 28, 1980, seeking damages for his wrongful death. Summary judgment was granted against her because she did not commence the action within one year of her husband's death and he was survived by his mother and father. Under § 537.080, RSMo 1978, if the spouse...

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