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SULLIVAN v. CARLISLE

No. 75023.

851 S.W.2d 510 (1993)

Thomas SULLIVAN, Plaintiff ad Litem, Appellant, v. Susan H. CARLISLE, Respondent.

Supreme Court of Missouri, En Banc.

April 20, 1993.

Attorney(s) appearing for the Case

Thomas Sullivan and Edward L. Fitzgerald, Kansas City, for appellant.

Lance W. LeFevre, Kansas City, for respondent.

PRICE, Judge.

Thomas Sullivan, plaintiff ad litem, appeals the dismissal of his first amended petition for damages resulting from the death of Mary Catherine McCarty. We affirm and find that plaintiff's claim fails because decedent's estate is not a "person entitled to share in the proceeds of such action" under the wrongful death statute, §§ 537.080 to 537.100, RSMo.1

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