Missouri Court of Appeals, Western District / Jun 19, 2018
Sally Boland, Sherri Lynn Harper, David C. Gann, Jennirae Littrell, and Helen Pittman vs. Saint Luke's Health System, Inc.; Saint Luke's Hospital of Chillicothe f/k/a The Grand River Health System Corporation d/b/a Hedrick Medical Center; and Community Health Group f/k/a Health Midwest
Appellants, relatives of decedents, sued Saint Luke's Health System for fraud, alleging the Hospital concealed the true nature of the deaths, which prevented them from timely filing wrongful death claims. The trial court granted summary judgment for the Hospital, finding the claims barred by res judicata and the statute of limitations. The appellate court reversed, holding that the fraud claims did not accrue until the Missouri Supreme Court's decision in Boland I, which established the harm by barring their wrongful death claims, thus neither res judicata nor the statute of limitations applied.