2016 Missouri Revised Statutes
Chapter 537 Torts and Actions for Damages
Section 537.100 Limitation of action--effect of absence of defendant and nonsuit.

MO Rev Stat § 537.100 (2016) What's This?

537.100. Every action instituted under section 537.080 shall be commenced within three years after the cause of action shall accrue; provided, that if any defendant, whether a resident or nonresident of the state at the time any such cause of action accrues, shall then or thereafter be absent or depart from the state, so that personal service cannot be had upon such defendant in the state in any such action heretofore or hereafter accruing, the time during which such defendant is so absent from the state shall not be deemed or taken as any part of the time limited for the commencement of such action against him; and provided, that if any such action shall have been commenced within the time prescribed in this section, and the plaintiff therein take or suffer a nonsuit, or after a verdict for him the judgment be arrested, or after a judgment for him the same be reversed on appeal or error, such plaintiff may commence a new action from time to time within one year after such nonsuit suffered or such judgment arrested or reversed; and in determining whether such new action has been begun within the period so limited, the time during which such nonresident or absent defendant is so absent from the state shall not be deemed or taken as any part of such period of limitation.

(RSMo 1939 § 3656, A.L. 1955 p. 778, A.L. 1967 p. 663, A.L. 1979 S.B. 368)

Prior revisions: 1929 § 3266; 1919 § 4221; 1909 § 5429

(2015) Assertion of expiration of statute of limitations period as a defense to wrongful death claim can be barred under common law maxims precluding one from benefitting from his or her own fraud and the application of the doctrine of equitable estoppel. State ex rel. Beisly v. Perigo, 469 S.W.3d 434 (Mo.).

(2015) Section does not provide for delayed accrual or an exception for fraudulent concealment. Boland v. St. Luke's Health System, Inc., 471 S.W.3d 703 (Mo.)

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