Harper v. Gibson

MEMORANDUM OPINION AND ORDER

JOHN W. OLIVER, Senior District Judge.

This case pends on defendant’s alternative motion to dismiss or for summary judgment, filed November 14, 1984. We find and conclude that all counts of plaintiffs’ complaint are barred by the Tennessee one-year statute of limitations, which must be applied in accordance with Mo. Ann.Stat. § 516.190, Missouri's borrowing statute, and that defendant’s alternative motion for summary judgment should be granted.

I

The material facts necessary to rule the motion are not in dispute. Plaintiffs’ decedent, Phillip W. Harper, was a resident…