Boland v. Saint Luke's Health System, Inc.
2015 Mo. LEXIS 151
| Mo. | 2015Background
- Five related wrongful death petitions were filed against the hospital after deaths in Hedrick Medical Center in 2002.
- Plaintiffs alleged Jennifer Hall caused deaths and hospital concealed the suspicions by coercion, concealment, and avoiding autopsies, among other acts.
- Trial courts granted judgments on the pleadings in favor of the hospital, holding claims time-barred under section 537.100.1 three-year limit.
- Section 537.100 provides a three-year accrual period with two express exceptions; fraudulent concealment tolling is not among them.
- Frazee v. Partney holds wrongful death accrues at death and that special statutes cannot be extended by fraud/concealment.
- This Court reaffirmed Frazee, rejected Howell as controlling, and held no delayed accrual or equitable tolling applies to section 537.100 in these cases.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Frazee remains good law? | Frazee controls, no tolling for concealment. | Frazee should be limited or outdated by later cases. | Frazee remains good law. |
| When do wrongful death claims accrue? | Accrual delayed by hospital concealment. | accrual occurs at death; no delay recognized. | Accrual at death; no delayed accrual recognized. |
| Fraudulent concealment tolling under section 537.100? | Concealment tolls or estops application of the limit. | No tolling or de facto exception exists for fraudulent concealment. | Fraudulent concealment not tolling under 537.100; no estoppel tolling. |
| Equitable estoppel against limitations defense? | Equitable estoppel prevents the hospital from using the statute. | Equitable estoppel does not override the statute here. | No equitable estoppel applied to defeat the statute; no exception crafted. |
| Legislative intent of section 537.100 regarding fraudulent concealment? | Legislature intended a broader tolling/exception for concealment. | Legislative history shows no fraudulent-concealment exception; policy is for the General Assembly. | Legislative intent does not permit a fraudulent-concealment exception. |
Key Cases Cited
- Frazee v. Partney, 314 S.W.2d 915 (Mo. 1958) (special statute must carry its own exceptions; accrual at death; no tolling for concealment)
- O’Grady v. Brown, 654 S.W.2d 904 (Mo. banc 1983) (wrongful death act construed to promote legislative objectives)
- Howell v. Murphy, 844 S.W.2d 42 (Mo. App. 1992) (concealment tolling not controlling; criticized here as inconsistent with Frazee)
- Laughlin v. Forgrave, 432 S.W.2d 308 (Mo. banc 1968) (discovery rule rejected where not provided by statute; legislative changes followed)
- Weiss v. Rojanasathit, 975 S.W.2d 113 (Mo. banc 1998) (discovery rule limited; equitable estoppel not established here)
- Beisly v. The Beisly, 469 S.W.3d 434 (Mo. banc 2015) (equitable estoppel guidance on limitations in wrongful death context)
- O’Grady v. Brown (alternative listing for context), 654 S.W.2d 904 (Mo. banc 1983) (reiterates balancing statutory and common-law objectives)
- Cummins v. Kansas City Pub. Serv. Co., 66 S.W.2d 920 (Mo. 1933) (remedial nature of wrongful death statutes; deterrence and compensation goals)