Robert W. Dodson, M.D., et al. Missouri Cases

In a wrongful death action, plaintiffs appealed the circuit court's summary judgment in favor of Mercy Hospital Joplin, which was based on the expiration of the statute of limitations. Plaintiffs conceded the statute had run but argued they were entitled to the one-year savings statute for nonsuits because they had previously substituted Mercy Clinic for Mercy Hospital under Rule 55.33(c). The Missouri Supreme Court affirmed, holding that a party substitution under Rule 55.33(c) is not a nonsuit and therefore does not trigger the savings statute, making the attempt to add Mercy Hospital back into the suit time-barred.