Strahler v. St. Luke's Hospital

BILLINGS, Judge.

This appeal challenges the constitutionality of Missouri’s medical malpractice statute of limitations, § 516.105, RSMo 1978, as it applies to minors. We ordered the case transferred to this Court prior to opinion by the court of appeals because of the constitutional issue. Mo. Const, art. V, § 10. We reverse the dismissal of plaintiffs petition and remand the case for further proceedings.

On September 23,1982, plaintiff Carol A. Strahler, then nineteen years old, filed a single count petition for damages in the Circuit Court of Jackson County. Plaintiff’s petition alleged that…