Section 516.170

Title XXXV CIVIL PROCEDURE AND LIMITATIONS

Chapter 516

Effective - 28 Aug 1990   

  516.170.  May delay filing of action, when. — Except as provided in section 516.105, if any person entitled to bring an action in sections 516.100 to 516.370 specified, at the time the cause of action accrued be either within the age of twenty-one years, or mentally incapacitated, such person shall be at liberty to bring such actions within the respective times in sections 516.100 to 516.370 limited after such disability is removed.

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(RSMo 1939 § 1020, A.L. 1976 S.B. 470, A.L. 1983 S.B. 44 & 45, A.L. 1990 H.B. 974)

Prior revisions: 1929 § 868; 1919 § 1323; 1909 § 1894

(1977) Statute of limitations is tolled while plaintiff is actually imprisoned by any proper authority and statute starts to run when plaintiff is released on parole. Jepson v. Stubbs (Mo.), 555 S.W.2d 307.

(1984) This section was held to toll the five year statute of limitations in section 516.120 during the course of a ward's incompetence, despite the appointment of a guardian. Mason v. Ford Motor Co. (8th Cir.) 755 F.2d 120.

(1985) Held, that even though plaintiff could have, by reason of section 507.115, RSMo, filed his action when he became eighteen years of age without the necessity of a guardian, curator, or next friend, the two-year limitation was nonetheless tolled, by reason of this statute, until plaintiff reached age twenty-one. Crawford v. Fenton (A.), 701 S.W.2d 772.

(1987) The provisions of section 516.170, RSMo, protecting the rights of persons under disability, apply to any statute of limitations borrowed under the provisions of section 516.190, RSMo. Dorris v. McClanahan, 725 S.W.2d 870 (Mo.banc).