Section 37 Statute of Limitations

• Library: Prof Liability 2005

In filing or defending any lawsuit, one of the earliest steps must be to identify:

• when the incidents took place
• when any cause of action accrued; and
• what statutes of limitations apply

H.R.B. v. J.L.G., 913 S.W.2d 92 (Mo. App. E.D. 1995), further proceedings after remand, H.R.B. v. Rigali, 18 S.W.3d 440 (Mo. App. E.D. 2000). The general tort statute of limitations, § 516.120(4), RSMo 2000, states that tort actions not specifically enumerated by statute, but recognized at law, shall be brought within five years. If alleged abuse occurs while the plaintiff was a minor, § 516.170, RSMo 2000, tolls the statute until the plaintiff turns age 21. Additionally, § 516.100, RSMo 2000, provides that the cause of action accrues “when the damage resulting therefrom is sustained and is capable of ascertainment.” Section 537.046.2, RSMo Supp. 2004, provides for independent civil actions for victims of childhood sexual abuse if the action is brought within ten years of the plaintiff’s 21^st birthday or within...