Missouri

 
 
 
 
 
 
 
 
 
 
 
 
 
 

Statutes of Limitations (MISSOURI)

Personal Injury - 5 yrs. [V.A.M.S. 516.120]

Med Mal - 2 yrs. (from occurrence) (10-yr. statue or repose applies) [V.A.M.S. 516.105]

Wrongful Death -3 yrs. [V.A.M.S. 537.100]

Breach of Implied Warranty (if Personal Injury or Property Damage involved) - 5 yrs. [V.A.M.S. 516.120]

Property Damage - 5 yrs. [V.A.M.S. 516.120]

Written Contracts - 10 yrs. [V.A.M.S. 516.110] or 5 yrs. [V.A.M.S. 516.120] (depending on type of contract)

Oral Contracts - 5 yrs. [V.A.M.S. 516.120]

Contracts for Sale (goods) and Breach of Warranty (unless Property Damage or Personal Injury) - 4 yrs. (from tender of delivery) [V.A.M.S.400.2-725]

 

The cause of action is not deemed to accrue when the wrong is done or the technical breach of contract or duty occurs, but when the damage resulting therefrom is sustained and is capable of ascertainment [V.A.M.S. 516.100]

 

 

 

Statutes of Repose (MISSOURI)

Products - None.

Construction of Real Property - 10 yrs. [V.A.M.S. 516.097]

 

 

Claims Against Public/Gov. Entities (NOTE: “sovereign immunity” rules may apply) (MISSOURI)

Against State - Claim must be presented within 2 yrs. [V.A.M.S. 33.120]

Against City (on account of defect in the condition of any bridge, boulevard, street, sidewalk) - Notice within 90 days [V.A.M.S. 82.210; 77.600; 79.480]

Comparative Negligence (MISSOURI)

Pure comparative (Plaintiff can recover even if 99% at fault) [Gustafson v. Benda, 661 S.W.2d 11 (Mo. 1983)]

 

 

Made Whole Doctrine (MWD) (MISSOURI)

No notable case law discussing/establishing MWD in the subrogation context is available.

 

 

Economic Loss Doctrine (ELD) (Assuming No Injury to Person or Damage to “Other Property”) (MISSOURI)

Recognized/applied.  Plaintiff may not recover on a theory of strict liability where the only damage is to the product sold [Sharp Bros. Contracting Co. v. American Hoist & Derrick Co., 703 S.W.2d 901 (Mo. 1986)]. 

 

However, building owner could recover in tort from architect for economic loss resulting from damage to the building due to architect’s negligence (because the case involved a professional’s common law duty of care) [Business Men’s Assur. Co. of America v. Graham, 891 S.W.2d 438 (Mo. App. 1994)].

 

 

 

Certificate/Affidavit Of Merit Requirements (Claims Against Licensed Professionals) (MISSOURI)

In Med Mal actions, Plaintiff must file an affidavit stating that he has obtained the written opinion of a legally qualified health care provider which states that Defendant failed to use such care as a reasonably prudent and careful health care provider would have under similar circumstances and that such failure caused the damages claimed [V.A.M.S. 538.225].

 

 

 

Landlord/Tenant Subrogation (MISSOURI)

Subrogation allowed (“Sutton Rule” is not automatically applied).

 

Lease assuming that Landlord would maintain insurance, forbidding Tenants from doing anything that would cause cancellation of fire insurance or increase rates, and providing that Tenants would surrender possession in good condition, loss by fire excepted, contemplated that the fire insurance for both parties would be carried by Landlord [Rock Springs Realty, Inc. v. Waid, 392 S.W.2d 270 (Mo. 1965)]. 

 

 

 

Reimbursement of Deductible(s) (MISSOURI)

Auto - Pro rata (must include in subro demand).  Property - No law available.

 

 

 

MedPay and PIP (MISSOURI)

MedPay and PIP - No recovery allowed and/or no such coverage available. 

 

 

 

Liability of Parents (MISSOURI)

$2,000 for purposely defacing/damaging any property or causing personal injury [V.A.M.S. 537.045].  No person shall cause or knowingly permit his child under 16 to drive a vehicle if such minor is not authorized to drive [V.A.M.S. 302.250].

 

 

 

Joint Liability (MISSOURI)

Several liability (Plaintiff can recover from each Defendant only that Defendant’s share of liability), except for Defendants who are 51% or more at fault [V.A.M.S. 537.067]

 

 

 

Independent Cause of Action for Evidence Spoliation (MISSOURI)

Not addressed/recognized.

 

 

Conflicts of Law (MISSOURI)

Torts - Court must evaluate following contacts: place where injury occurred; place where conduct causing injury occurred; domicile, residence, nationality, place of incorporation, place of business of parties; and place where relationship, if any, between the parties is centered.  Contracts - When contract is silent on choice of law, following factors should be considered: place of contracting; place of negotiation of contract; place of performance; location of subject matter of contract; and domicile, residence, nationality, place of incorporation and place of business of the parties [Birnstill v. Home Sav. of America, 907 F.2d 795 (8th Cir. 1990)].