Boland v. Saint Luke's Health SystemAnnotate this Case
The Supreme Court affirmed the judgments of the circuit court granting summary judgment for Respondents and dismissing Appellants' five separate actions for fraudulent concealment, holding that Appellants' claims for fraudulent concealment were barred by Mo. Rev. Stat. 516.120(5).
In 2010 and 2011, Appellants filed five separate, but similar, wrongful death lawsuits against Respondents. The circuit court dismissed the wrongful death suits. In 2016, Appellants filed five separate, but almost identical, petitions alleging fraudulent concealment by Respondents, alleging that Respondents damaged Appellants by causing them to lose their right to timely file wrongful death causes of action. The circuit court found Appellants claims were barred both by the doctrine of res judicata and by the five-year statute of limitations for fraud claims set forth in Mo. Rev Stat. 516.120(5). The Supreme Court affirmed, holding that Appellants' claims were barred by section 516.120(5).