Personal Injury News

Woman Sues For Wrongful Death

In August 2005, shortly before new venue statutes went into effect, Rowe Burns and her husband sued about a dozen chemical companies in the city of St. Louis, alleging the husband's exposure to the companies' products containing benzene caused him to develop acute myelogenous leukemia. The husband used these products while working at a press facility in Crestwood, a St. Louis County municipality. The Burns alleged the companies were strictly liable for their negligence in manufacturing and selling products containing benzene. They sought to recover for the husband's personal injures, and Rowe Burns sought to recover for her loss of consortium. In January 2006, Burns' husband died of leukemia. Soon after, she sought leave to amend the petition to name herself as the sole plaintiff, to claim her husband's exposure to products containing benzene caused his death, and to seek damages under Missouri's wrongful death statute. She did not add new defendants. After the trial court permitted her to amend the petition, the companies moved to transfer venue, noting that the original cause of action claimed a loss of consortium and that Burns' new cause of action was for the allegedly wrongful death of her husband. The trial court transferred venue to St. Louis County, finding that Burns' amended petition constituted a new cause of action and that it was filed after the new Missouri venue statute took effect. Burns seeks this Court's writ mandating that venue be moved back to the city of St. Louis.

Burns argues she is entitled to an order transferring her case back to the city of St. Louis. She contends that, when she and her husband initiated their suit, venue in the city was proper under section 508.010, RSMo, and was not contested. She notes that, when they initiated their suit, the amendments to this statute had not yet become effective. Burns asserts that venue remains proper in the city. Because her amended petition did not add new defendants but only alleged that her husband died as a result of the injury, she argues the trial court should not have re-analyzed venue or applied the new version of section 508.010. Burns contends venue in the city also is proper under section 538.305, RSMo. Even if section 538.305 and the revised section 508.010 were applied, Burns asserts, a change of venue still is not necessary because her amended petition did not constitute a new "cause of action."

The chemical companies respond that Burns is not entitled to have her case transferred back to the city of St. Louis. They argue the new cause of action in Burns' amended complaint – the wrongful death allegation – was subject to the new venue statute because it was filed after the effective date of the new venue statute. The companies contend that the new venue statute requires the case to be heard in St. Louis County, where Burns' husband sustained his first injury.

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