In late July of this year, a Missouri family received devastating news. The 8th Circuit Court affirmed the trial court’s ruling, which dismissed their wrongful death claim against several big tobacco companies. The family filed a wrongful death case after husband and father, Michael Thompson, died from throat cancer in 2009 after smoking cigarettes. The Court in its ruling held that the Thompson family did not have a cause of action based on Missouri’s “one recovery” rule.
History. Michael Thompson began smoking cigarettes while a minor. He smoked for a total of 28 years—until he received a diagnosis of lung cancer in 1997. Thompson brought a personal injury lawsuit against several major manufacturers, sellers and distributors of tobacco products for his injuries due to cigarette smoking. The suit named several industry giants as defendants, including R.J. Reynolds Tobacco Company, Philip Morris USA, Inc., and Brown & Williamson Tobacco Corporation. The aforementioned companies are the makers of brand name cigarettes, such as Marlboro, Winston and Doral, amongst others that Thompson smoked during his lifetime. The case against the manufacturers went to trial and in 2003 the jury found in Thompson’s favor. The jury determined that the tobacco companies were liable for negligence and product defect and awarded Thompson a judgment of more than $1 million dollars in damages.
“One Recovery” Rule. The Thompson family’s wrongful death lawsuit was filed against the same tobacco manufactures named in his earlier personal injury case. The Court affirmed the dismissal citing the one recovery rule, which prohibits a decedent’s heirs from recovering under a wrongful death action, in the event that the decedent received satisfaction for the same wrongdoing, whether by settlement or trial, during the decedent’s lifetime. The theory behind the rule is that if the decedent resolved the claim during his or her lifetime, then there is no claim remaining after his or her death.
The decision came as a surprise to some because the ‘one recovery’ rule is a relatively obscure rule. The rule comes from a 1906 Missouri Supreme Court decision in Strode v. St. Louis Transit Co. The Thompson family argued that a lot has changed since the Court’s decision more than 100 years ago. Namely that the wrongful death statute creates an independent cause of action for a decedent’s heirs. The Circuit Court rejected the Thompson’s argument stating that it was against the plain language of Strode.
What the Future Holds. Missouri is one of many states that has a law like “one recovery” on the books. However, the Thompson case can leave a person who has a terminal illness like Michael Thompson, feeling confused about his or her legal options. This why it is important to talk with a seasoned attorney who handles personal injury and wrongful death matters routinely. He or she will be able to educate you as to your options and make sure that you receive proper compensation.
Coping with the loss of a loved one that was killed as the result of the wrongdoing of another can feel like an impossible task. However, you do not have to suffer alone. You may be able to hold the accountable parties liable for their actions through a wrongful death lawsuit. A Kansas City Wrongful Death Attorney will explain the process of seeking damages and will help make sure that your rights are protected. The experienced Kansas City Wrongful Death Attorneys at the Hubbard & Kurtz, L.L.P. have helped countless clients, in both Kansas and Missouri. Our compassionate team of attorneys are skilled at helping wrongful death clients receive justice. Please contact us today at (816) 472-4673 to set up an initial consultation.