Nuspl v. Missouri Medical Insurance Co.

CHARLES B. BLACKMAR,

Senior Judge, concurring in part and dissenting in part.

I agree that the trial court erred in entering judgment on the breach of contract and negligence counts. It cannot be determined from the fact of the petition that the statute of limitations was a bar to the action.

I am not sure that Judge Gaertner enunciates the appropriate standard for determining when the statute begins to run. In State ex rel. General Electric Company v. Gaertner, 666 S.W.2d 764 (Mo. banc 1984) and Rowland v. Skaggs Companies, et al, 666 S.W.2d 770 (Mo. banc 1984), our Supreme Court held that,…