Daniels v. Schierding

PUDLOWSKI, Presiding Judge.

The sole question on appeal is whether the trial court erred in its dismissal of plaintiff’s amended petition for damages on the ground the petition was barred by the 5-year statute of limitations, § 516.120, RSMo (1978). We affirm.

On May 18, 1976, plaintiff was injured while riding in an automobile operated by her husband, Herbert F. Daniels, while in the course of his employment by Monsanto Company. The original petition was filed on December 1, 1977, naming three defendants, Schierding, Lemans, and Daniels. Subsequent to the accident the plaintiff and her husband…