Hershley v. Brown

TURNAGE, Judge.

Shelley and Roy Hershley filed an action against Dr. Merlin Brown and Richard Wolfe Medical Instruments. The trial court sustained the defendants’ motion to dismiss the claim on grounds that Missouri does not recognize actions for wrongful conception, and that the action was barred by limitations. The Hershleys appealed, claiming that because this case involved a foreign object, it was not time barred, that the statute of limitations was tolled because of Dr. Brown’s fraudulent concealment, and that Missouri recognizes wrongful conception 1 claims. Affirmed in part and reversed…