Construction: 10 Years for actions for improvement to real property. This applies only to persons who perform or furnish, in whole or in part, the design, planning or construction, including architectural, engineering or construction services, of improvement.Mo. Rev. Stat. §516.097.
Within five years:
(4) An action for taking, detaining or injuring any goods or chattels, including actions for the recovery of specific personal property, or for any other injury to the person or rights of another, not arising on contract and not herein otherwise enumerated; Mo. Ann. Stat. § 516.120
For the purpose of determining where a cause of action “originates,” courts look to when a cause of action “accrues,” as set forth in § 516.100 and have equated “originated” with “accrued,” as used in that statute. Id. at 871. See also Renfroe v. Eli Lilly & Co., 686 F.2d 642, 647 n. 9 (8th Cir.1982). Section 516.100 describes “accrued” as: “the cause of action shall not be deemed to accrue when the wrong is done or the technical breach of contract or duty occurs, but when the damage resulting therefrom is sustained and is capable of ascertainment[.]” So, for the purpose of applying § 516.190, a “cause of action shall not be deemed to” originate where “the wrong is done or the technical breach of contract or duty occurs, but,” where “the damage resulting therefrom is sustained and capable of ascertainment.” “A cause of action accrues when and originates where damages are sustained and are capable of ascertainment.” Day v. DeVries & Assocs., P.C., 98 S.W.3d 92, 95–96 (Mo.App.2003), quoting Elmore v. Owens–Illinois, Inc., 673 S.W.2d 434, 436 (Mo. banc 1984). Therefore, determination of the location *244 where a cause of action originates involves a two-step process: first, the identification of the “damage resulting therefrom”; and, second, locating where the damage so identified was sustained and became capable of ascertainment.
Natalini v. Little, 185 S.W.3d 239, 243-44 (Mo. Ct. App. 2006)
Missouri Office of the Attorney General, Consumer Protection Division
Toll-free: (800) 392-8222
59 Maiden Lane, 6th Floor
New York, NY 10038
6 Harbor Park Drive
Port Washington, NY 11050
80 Main Street Suite 265
West Orange, NJ 07052
27300 Riverview Center Blvd., Suite 103
Bonita Springs, Florida 34134-4316
© 2019 Parker Waichman LLP
1-800-LAW INFO (1-800-529-4636)
Please note that you are not considered a client until you have signed a retainer agreement and your case has been accepted by us.
Prior results do not guarantee or predict a similar outcome with respect to any future matter.