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By stan_sipple

Statute of limitations does not toll while Missouri resident moves from the state to reside in another during the limitations period. State of Missouri ex rel., Raymond Bloomquist, D.O., Relator v. The Honorable Nancy L. Schneider, Respondent. : SC88456Plaintiff in a medical malpractice case sued her doctor who while the limitations period was running became a Kansas resident. Missouri Supreme Court finds the tolling provision of section 516.200 to persons who move their residence out of Missouri during the pendency of the statute of limitations period is unconstitutional under the United States Constitution's dormant commerce clause, see U.S. Const. art. I, sec. 8 and Bendix Autolite Corp. v. Midwesco Enterprises, Inc., 486 U.S. 888 (1988). To the extent that Poling v. Moitra, 717 S.W.2d 520 (Mo. banc 1986), is inconsistent with this opinion, it is overruled.

Full post as published by Showmeblawgs on January 20, 2008 (boomark / email).