Thompson v. Volini

LOWENSTEIN, Chief Judge.

Michael Thompson, D.D.S. and his wife appeal from the trial court’s entry of a summary judgment in favor of the defendant Frederick Volini, M.D. The Thomp-sons contend the trial court erred by concluding Volini could raise the defense of an expired statute of limitations, although the parties had an agreement to extend the claim period. The statute governing the malpractice claim, § 516.105, R.S.Mo.1986, specifically provides such suits “... shall be brought within two years from the date of occurrence of the act of neglect complained of....” The claimant must bring…