Mo. Rev. Stat. § 516.120

Section 516.120 supplies a five-year limitations period that limits retroactive seniority relief when applied to analogous federal claims.

Allen v. Amalgamated Transit Union, Local 788 · filed 1976-05-27

With regards to the granting of seniority rights, as stated above, it is clear that the operation of the analogous State statute, here § 516.120, R.S.Mo., 1969, operates to bar relief to all plaintiffs except Ben Allen and Aaron Rutlin from any relief prior to five years from the date of filing this action (July 5, 1974).

Section 516.120(4) supplies Missouri’s five-year limitations period for Bivens claims based on personal-injury actions.

Goodwin · filed 2026-03-12(4)

In Missouri, that period is five years. Mo. Rev. Stat. § 516.120(4).

Section 516.120(4) supplies a five-year limitations period for § 1983 claims treated as personal-injury claims.

Coburn · filed 2026-03-31(4)

The five-year limitations period on Coburn’s claims expired on October 7, 2024.

Section 516.120(4) supplies Missouri’s five-year statute of limitations for § 1983 claims.

Simmons v. Chrum · filed 2022-05-04(4)

Based on a five-year statute of limitations for § 1983 claims, Plaintiff’s claims against all named defendants are time-barred.

Section 516.120(4) supplies a five-year limitations period for § 1983 claims arising in Missouri.

Keys v. State of Missouri · filed 2023-06-09(4)

This claim, and all other claims that appear to have accrued prior to 2018, are barred by the five-year statute of limitations for actions brought pursuant to 42 U.S.C. § 1983. See Mo. Rev. Stat. § 516.120(4); Sulik v. Taney Cty., Mo., 393 F.3d 765, 767 (8th Cir. 2005).

Section 516.120 supplies a five-year limitations period for Missouri common-law claims, while accrual is governed by when damage is sustained and capable of ascertainment.

Johnson v. Precythe · filed 2018-08-27(4)

In Missouri, the period is five years. Mo. Rev. Stat. § 516.120(4). Although state law dictates the length of the limitations period, we look to federal common law to determine when a cause of action under § 1983 accrues.

Section 516.120(4) supplies a five-year statute of limitations applicable to § 1983 claims because those claims are analogous to personal injury claims.

Hall v. City of St. Louis, Missouri · filed 2020-03-16(4)

§ 1983 claims are analogous to personal injury claims and are subject to Missouri’s five-year statute of limitations.

Subsection (4) supplies a five-year statute of limitations for § 1983 claims because those claims are analogous to personal-injury claims.

Williamson v. Missouri Department of Corrections · filed 2019-09-27(4)

Section 1983 claims are analogous to personal injury claims and are subject to Missouri’s five-year statute of limitations.

Section 516.120(4) sets a five-year limitations period for personal-injury actions, which applies to § 1983 claims in Missouri.

Bennett v. City of Florissant Police Department · filed 2019-12-03(4)

Missouri’s five-year statute of limitations for personal injury actions, Mo. Rev. Stat. § 516.120(4) (2000), applies to plaintiff's claims.

Section 516.120(4) provides a five-year statute of limitations for personal-injury actions, which applies to § 1983 claims arising in Missouri.

Carter v. Hillsboro Treatment Center · filed 2020-01-07(4)

Thus, for cases arising in Missouri, the five-year statute of limitations for personal injury actions found in Mo. Rev. Stat. § 516.120(4) applies to § 1983 actions.

Section 516.120(4) provides a five-year statute of limitations applicable to § 1983 claims because they are analogous to personal injury claims.

Rinehart v. Julian · filed 2020-02-20(4)

§ 1983 claims are analogous to personal injury claims and are subject to Missouri’s five-year statute of limitations.

Section 516.120(4) provides Missouri’s five-year statute of limitations for personal injury actions, which applies to § 1983 claims brought in Missouri.

Davidson v. Sternberg · filed 2020-01-24(4)

Missouri’s five-year statute of limitations for personal injury actions, Mo. Rev. Stat. § 516.120(4) (2000), applies to § 1983 claims brought in Missouri.

Section 516.120(4) provides a five-year limitations period for personal-injury claims, which applies to § 1983 claims in Missouri.

Holts v. St. Louis County Public Defender Office · filed 2020-06-04§ 516.120(4)

Section 1983 claims are analogous to personal injury claims and are subject to Missouri’s five-year statute of limitations.

Section 516.120(4) provides Missouri's five-year statute of limitations for § 1983 claims, which this court treats as analogous to personal-injury claims.

Brodigan v. Swink · filed 2020-08-10(4)

“Section 1983 claims are analogous to personal injury claims and are subject to Missouri’s five-year statute of limitations.”

Subsection (4) provides a five-year statute of limitations for personal-injury actions that applies to § 1983 claims arising in Missouri.

Carter v. Hillsboro Treatment Center · filed 2020-07-24(4)

Thus, for cases arising in Missouri, the five-year statute of limitations for personal injury actions found in Mo. Rev. Stat. § 516.120(4) applies to § 1983 actions.

Section 516.120(4) supplies a five-year personal-injury statute of limitations for § 1983 actions arising in Missouri.

Phillips v. St. Louis Community Credit Union · filed 2020-10-01(4)

For cases arising in Missouri, the five-year statute of limitations for personal injury actions found in Mo. Rev. Stat. § 516.120(4) applies to § 1983 actions.

Section 516.120(4) supplies Missouri’s five-year statute of limitations for § 1983 claims treated as personal-injury claims.

Engel v. Governor of Missouri · filed 2020-12-15(4)

Section 1983 claims are analogous to personal injury claims and are subject to Missouri’s five-year statute of limitations. Sulik v. Taney County, Mo., 393 F.3d 765, 766-67 (8th Cir. 2005); Mo. Rev. Stat. § 516.120(4).

Mo. Rev. Stat. § 516.120(4) provides a five-year limitations period for general personal-injury claims, which applies to § 1983 claims in Missouri.

Mollerus v. St. Louis County Courts · filed 2021-01-07(4)

In Missouri, the applicable limitations period for general personal injury claims is five (5) years. Mo. Rev. Stat. § 516.120(4).

Section 516.120(4) imposes a five-year statute of limitations on claims analogous to personal-injury claims, including § 1983 claims.

Engel v. Senator for Missouri · filed 2021-03-31(4)

Section 1983 claims are analogous to personal injury claims and are subject to Missouri’s five-year statute of limitations.

Subsection (4) provides a five-year statute of limitations for claims analogous to personal-injury actions, including § 1983 claims.

Hall v. United States · filed 2021-04-14(4)

§ 1983 claims are analogous to personal injury claims and are subject to Missouri’s five-year statute of limitations.

Section 516.120(4) provides a five-year limitations period for personal-injury actions that applies to § 1983 claims arising in Missouri.

Hester v. St. Louis Metropolitan Police Department · filed 2021-05-28(4)

the five-year statute of limitations for personal injury actions found in Mo. Rev. Stat. § 516.120(4) applies to § 1983 actions.

Section 516.120(4) provides a five-year limitations period for personal-injury-based § 1983 claims arising in Missouri.

Huddleston v. City of Byrnes Mill, MO · filed 2021-09-29(4)

Thus, for cases arising in Missouri, the five-year statute of limitations for personal injury actions found in Mo. Rev. Stat. § 516.120(4) applies to § 1983 actions.

Subsection (4) imposes a five-year limitations period on § 1983 claims because they are analogous to personal-injury claims.

Hall v. United States · filed 2021-10-19(4)

§ 1983 claims are analogous to personal injury claims and are subject to Missouri’s five-year statute of limitations.

Section 516.120(4) supplies a five-year limitations period for § 1983 claims because they are analogous to personal-injury claims.

Hardman v. Corizon Medical Services · filed 2020-09-22(4)

§ 1983 claims are analogous to personal injury claims and are subject to Missouri’s five-year statute of limitations.

Section 516.120(4) supplies a five-year statute of limitations for personal-injury claims, including § 1983 actions arising in Missouri.

Engel v. ERDCC · filed 2021-05-28(4)

Thus, for cases arising in Missouri, the five-year statute of limitations for personal injury actions found in Mo. Rev. Stat. § 516.120(4) applies to § 1983 actions.

Section 516.120(4) supplies a five-year limitations period for personal-injury actions, which governs § 1983 claims arising in Missouri.

Stewart v. White · filed 2021-06-22(4)

Thus, for cases arising in Missouri, the five-year statute of limitations for personal injury actions found in Mo. Rev. Stat. § 516.120(4) applies to § 1983 actions.

Section 516.120(4) provides a five-year statute of limitations for personal-injury actions, which governs § 1983 claims arising in Missouri.

Stewart v. Goldfarb · filed 2021-07-02(4)

the five-year statute of limitations for personal injury actions found in Mo. Rev. Stat. § 516.120(4) applies to § 1983 actions.

Subsection (4) provides a five-year statute of limitations for personal injury actions, which governs § 1983 claims arising in Missouri.

Bell v. Jefferson County Sheriff Department · filed 2021-07-14(4)

the five-year statute of limitations for personal injury actions found in Mo. Rev. Stat. § 516.120(4) applies to § 1983 actions.

Subsection (4) provides a five-year statute of limitations for personal-injury actions, which governs § 1983 actions arising in Missouri.

Trammel v. Suydam · filed 2021-08-11(4)

Thus, for cases arising in Missouri, the five-year statute of limitations for personal injury actions found in Mo. Rev. Stat. § 516.120(4) applies to § 1983 actions.

Section 516.120(4) provides a five-year limitations period for personal-injury claims, which applies to § 1983 claims brought in Missouri.

Davidson v. Stringer · filed 2022-01-10(4)

Missouri’s five-year statute of limitations for personal injury actions, Mo. Rev. Stat. § 516.120(4) (2000), applies to § 1983 claims brought in Missouri.

Mo. Rev. Stat. § 516.120(4) provides a five-year statute of limitations for civil-rights claims.

Aufderheide v. Hacker · filed 2022-06-14(4)

civil rights claims are subject to a five-year statute of limitations.

Subsection (4) provides a five-year statute of limitations for claims analogous to personal-injury claims, including § 1983 claims.

Swinson v. 22nd Judicial Circuit Court Officials · filed 2023-11-30(4)

Section 1983 claims are analogous to personal injury claims and are therefore subject to Missouri’s five-year statute of limitations. Sulik v. Taney Cnty., Mo., 393 F.3d 765, 766-67 (8th Cir. 2005); Mo. Rev. Stat. § 516.120(4).

Section 516.120(4) provides a five-year limitations period for personal-injury actions, which applies to § 1983 claims arising in Missouri.

Jones v. Steele Police · filed 2023-12-13(4)

For cases arising in Missouri, the five-year statute of limitations for personal injury actions found in Mo. Rev. Stat. § 516.120(4) applies to § 1983 actions.

Section 516.120(4) provides Missouri’s five-year statute of limitations for personal injury actions, which applies to § 1983 claims.

Libertus v. Harris · filed 2023-12-22(4)

In accordance with the prior rulings of this Court and the United States Court of Appeals for the Eighth Circuit, the Court finds Missouri’s five-year statute of limitations for personal injury actions applies to plaintiff’s § 1983 claims.

Section 516.120(4) supplies a five-year limitations period for § 1983 claims treated as personal-injury claims under Missouri law.

Fugate v. Huff · filed 2022-03-31(4)

personal injury claims and are subject to Missouri’s five-year statute of limitations.

Under subsection (4), Missouri's five-year statute of limitations applies to § 1983 claims because they are treated as analogous to personal-injury claims.

Jones v. AT&T Inc. · filed 2022-05-23(4)

Section 1983 claims are analogous to personal injury claims and are subject to Missouri’s five-year statute of limitations.

Mo. Rev. Stat. § 516.120(4) sets a five-year limitations period for personal-injury actions, which this court applies to § 1983 claims arising in Missouri.

Clark-El v. Missouri Department of Corrections · filed 2022-05-26(4)

Thus, for cases arising in Missouri, the five-year statute of limitations for personal injury actions found in Mo. Rev. Stat. § 516.120(4) applies to § 1983 actions.

Subsection (4) provides a five-year limitations period for personal-injury claims, which this court applies to § 1983 claims brought in Missouri.

Davidson v. Stringer · filed 2022-08-31(4)

Missouri’s five-year statute of limitations for personal injury actions, Mo. Rev. Stat. § 516.120(4) (2000), applies to § 1983 claims brought in Missouri.

Section 516.120(4) provides Missouri’s five-year statute of limitations for personal injury actions, which applies to § 1983 claims.

Public Water Supply District No. 1 of Greene Co v. City of Springfield, Missouri · filed 2022-10-24(4)

Missouri’s five-year statute of limitations for personal injury actions applies.

Subsection (4) imposes a five-year limitations period on claims analogous to personal-injury actions, including § 1983 claims.

Moon v. Boyd · filed 2023-07-24(4)

Section 1983 claims are analogous to personal injury claims and are subject to Missouri’s five-year statute of limitations.

Section 516.120(4) provides a five-year limitations period for § 1983 personal-injury claims arising in Missouri.

Mette-Njuldnir v. Hacker · filed 2023-08-11(4)

Thus, for cases arising in Missouri, the five-year statute of limitations for personal injury actions found in Mo. Rev. Stat. § 516.120(4) applies to § 1983 actions.

Section 516.120(4) supplies the five-year personal-injury statute of limitations for § 1983 actions arising in Missouri.

McSean v. Hacker · filed 2023-11-06(4)

Thus, for cases arising in Missouri, the five-year statute of limitations for personal injury actions found in Mo. Rev. Stat. § 516.120(4) applies to § 1983 actions.

Section 516.120(4) imposes a five-year limitations period on claims analogous to personal-injury claims, including § 1983 claims.

Houston v. Hettenbach · filed 2024-01-31(4)

Section 1983 claims are analogous to personal injury claims, and are subject to Missouri's five-year statute of limitations.

Subsection (4) provides a five-year limitations period for personal-injury actions, including § 1983 claims.

Bey v. Carver · filed 2024-03-12(4)

As such, in accordance with the prior rulings of this Court and the United States Court of Appeals for the Eighth Circuit, the Court finds Missouri’s five-year statute of limitations for personal injury actions applies to Plaintiff's § 1983 claims.

Section 516.120(4) supplies a five-year statute of limitations for personal-injury claims, and that limitations period applies to § 1983 actions arising in Missouri.

Estes v. Missouri Court of Appeals · filed 2024-09-11(4)

Thus, for cases arising in Missouri, the five-year statute of limitations for personal injury actions found in Mo. Rev. Stat. § 516.120(4) applies to § 1983 actions.

Section 516.120(4) provides a five-year limitations period for personal-injury actions arising in Missouri, including § 1983 claims.

McSean v. Hacker · filed 2024-09-27(4)

Thus, for cases arising in Missouri, the five-year statute of limitations for personal injury actions found in Mo. Rev. Stat. § 516.120(4) applies to § 1983 actions.

Subsection (4) supplies Missouri’s five-year statute of limitations for personal-injury actions, including for § 1983 claims arising in Missouri.

Estes v. Missouri Court of Appeals · filed 2024-10-09(4)

Thus, for cases arising in Missouri, the five-year statute of limitations for personal injury actions found in Mo. Rev. Stat. § 516.120(4) applies to § 1983 actions.

Section 516.120(4) supplies a five-year limitations period for § 1983 claims because they are treated as personal-injury claims.

Shattuck-Knaebel v. Missouri Department of Corrections · filed 2024-10-28(4)

Section 1983 claims are analogous to personal injury claims and are therefore subject to Missouri’s five-year statute of limitations.

Section 516.120(4) supplies a five-year limitations period for personal-injury actions that governs § 1983 claims arising in Missouri.

Keys v. Law Offices of Attorney Mark Kiesewetter · filed 2025-04-14(4)

Thus, for cases arising in Missouri, the five-year statute of limitations for personal injury actions found in Mo. Rev. Stat. § 516.120(4) applies to § 1983 actions.

Subsection (4) provides a five-year statute of limitations for § 1983 claims in Missouri.

Hufft · filed 2025-09-29(4)

In Missouri, the statute of limitations for a § 1983 claim is five years.

Subsection (4) provides Missouri’s five-year statute of limitations for § 1983 claims because they are treated as personal-injury claims.

Martin v. State of Missouri · filed 2024-03-29(4)

Section 1983 claims are analogous to personal injury claims and are subject to Missouri’s five-year statute of limitations.

Under subsection (4), § 516.120 provides a five-year limitations period for § 1983 claims because they are treated as personal-injury claims.

Shattuck-Knaebel v. Missouri Department of Corrections · filed 2024-07-16(4)

Section 1983 claims are analogous to personal injury claims and are therefore subject to Missouri’s five-year statute of limitations.

Section 516.120(4) supplies a five-year statute of limitations for § 1983 claims because Missouri treats those claims as analogous to personal-injury claims.

Holman v. Vincenz · filed 2025-03-27(4)

Section 1983 claims are analogous to personal injury claims and are therefore subject to Missouri’s five-year statute of limitations.

Subsection (4) provides a five-year limitations period for personal-injury claims, including analogous § 1983 claims.

Chapman v. Stanton · filed 2024-04-26(4)

subject to Missouri's five-year statute of limitations.

Subsection (4) supplies a five-year statute of limitations for § 1983 claims in Missouri.

Salazar-Ruiz v. Cox · filed 2024-12-13(4)

would apply Missouri’s five-year limitations period.

Section 516.120(4) supplies Missouri's five-year statute of limitations for personal-injury claims, including § 1983 actions arising in Missouri.

Johnson v. Satterfield · filed 2024-11-22(4)

Thus, for cases arising in Missouri, the five-year statute of limitations for personal injury actions found in Mo. Rev. Stat. § 516.120(4) applies to § 1983 actions.

Subsection (4) sets a five-year statute of limitations for personal injury actions, and that limitations period applies to § 1983 actions arising in Missouri.

Keys v. Law Office of Byron Cohen · filed 2025-03-31(4)

Thus, for cases arising in Missouri, the five-year statute of limitations for personal injury actions found in Mo. Rev. Stat. § 516.120(4) applies to § 1983 actions.

Section 516.120(4) supplies Missouri’s five-year personal-injury statute of limitations for § 1983 actions arising in Missouri.

Keys v. Law Offices of Christopher Braeski · filed 2025-03-31(4)

Thus, for cases arising in Missouri, the five-year statute of limitations for personal injury actions found in Mo. Rev. Stat. § 516.120(4) applies to § 1983 actions.

Subsection (4) sets a five-year limitations period for personal-injury actions, and that period applies to § 1983 claims arising in Missouri.

Keys v. Law Offices of Attorney David Knieriem · filed 2025-04-03(4)

Thus, for cases arising in Missouri, the five-year statute of limitations for personal injury actions found in Mo. Rev. Stat. § 516.120(4) applies to § 1983 actions.

Section 516.120(4) imposes a five-year statute of limitations on § 1983 claims treated as analogous to personal-injury claims.

Holman · filed 2025-12-15(4)

Section 1983 claims are analogous to personal injury claims and are therefore subject to Missouri’s five-year statute of limitations.

Section 516.120 supplies a five-year statute of limitations that applies to § 1983 claims in Missouri.

Owens · filed 2026-05-14§ 516.120

In Missouri, a five-year statute of limitations applies to section 1983 claims.

Subsection (4) provides a five-year statute of limitations for § 1983 claims treated as analogous to personal-injury claims.

Njogu · filed 2026-01-07(4)

Therefore, by the time Plaintiff initiated this suit, the five-year statute of limitations on his § 1983 claim had already expired.

Subsection (4) provides Missouri’s five-year limitations period for personal-injury claims.

Moore · filed 2026-01-28(4)

Thus, Plaintiff’s § 1983 claims are subject to Missouri’s five-year statute of limitations on personal injury claims.

Section 516.120’s general five-year period does not govern every § 1981 claim; claims against state officials for official acts are subject to the more specific three-year limit.

Bandlow v. James · filed 1982-06-24

This case clearly demonstrates that all Section 1981 claims are not governed by the generalized five-year period of limitations. If the plaintiff has stated a Section 1981 cause of action against the state officials, the action is nonetheless barred by the three-year period of limitations applicable to acts or omissions of state officials.

Section 516.120 supplies a five-year statute of limitations for § 1981 claims when the claim is most analogous to a breach of written contract.

Ben ALLEN Et Al., Appellants, v. AMALGAMATED TRANSIT UNION LOCAL 788, Appellee · filed 1977-05-09

We agree with the district court that the applicable statute of limitation governing plaintiffs’ action under § 1981 is the five-year statute provided in Mo.Rev. Stat. § 516.120 (1969), for breach of written contracts, which is most analogous to the claim asserted here.

Section 516.120(1) supplies a five-year limitations period for actions for breach of contract.

Fogerty v. Metropolitan Life Insurance Co. · filed 1988-06-27(1)

We hold that an employee action for recovery of benefits under an employee benefits plan regulated by ERISA brought pursuant to ERISA § 502(a)(1)(B), 29 U.S.C. § 1132(a)(1)(B), is “most analogous” to an action for breach of contract for statute of limitations purposes. ... In sum, the most analogous state statute of limitations is the five-year statute of limitations for breach of contract, Mo.Rev. Stat. § 516.120(1).

Section 516.120(1)'s five-year limitations period governs WARN claims because they are most closely analogous to actions for breach of an implied contract or statutory obligation to notify employees before termination.

Aaron v. Brown Group, Inc. · filed 1996-05-30(1)

Finally, we believe that the district court correctly concluded that Missouri's five-year statute of limitations for all "actions upon contracts, obligations or liabilities, express or implied," should govern WARN claims. Mo.Rev.Stat. § 516.120(1). By enacting WARN, Congress imposed upon certain employers an obligation to notify their employees before laying them off or closing a facility. In a sense, WARN inserts additional terms into covered employment contracts. We therefore conclude that a WARN action is most closely analogous to an action to recover damages for a breach of an implied contract (or breach of an obligation) to notify employees before terminating them.

Section 516.120(4) imposes a five-year limitations period on the tort claims covered by the provision.

Building Erection Services, Inc. v. Jlg, Inc. · filed 2004-07-16(4)

The tort claims are subject to a five-year limitations period under Mo.Rev.Stat. § 516.120(4), and are clearly timely.

Section 516.120(4) provides a five-year limitations period for conversion claims.

InfoDeli, LLC v. Western Robidoux, Inc. · filed 2025-05-05(4)

Instead, CEVA’s counterclaim was based on Missouri state law, and CEVA brought its conversion counterclaim within Missouri’s five-year statute of limitations. See Mo. Rev. Stat. § 516.120(4) (five-year statute of limitations for tort claims).

Section 516.120 supplies a five-year limitations period for § 1981 employment discrimination claims under one or more of its subdivisions.

Larry DRAKE, Appellant, v. SOUTHWESTERN BELL TELEPHONE COMPANY, Appellee · filed 1977-05-04

The five-year Missouri statute, § 516.120 Mo.Ann.Stat., however, is analogous and applicable because a proceeding under § 1981 represents an action upon a liability implied, subd. 1; or an “action upon a liability created by a statute,” subd. 2; or an action for “injury to the person or rights of another, not arising on contract and not herein otherwise enumerated,” subd. 4.

Section 516.120 gives five years to sue on a contract of indemnity when the obligation to pay cannot be established from the writing alone.

Superintendent of Insurance of the State of New York v. Livestock Market Insurance Agency, Inc. · filed 1986-03-25(1)

That is to say, resort to extrinsic facts was essential to establish both the existence of the obligation to pay under the indemnity agreement, as well as the amount of the loss, and hence — under all the authorities— the LMIA indemnity was not a promise for the payment of money, and the cause of action was governed by the five-year limitation of § 516.120.

Section 516.120 supplies a five-year limitations period for claims under 42 U.S.C. § 1981.

Donnell v. General Motors Corp. · filed 1987-07-28

Drake v. Southwestern Bell Telephone Co., 553 F.2d 1185 (8th Cir.1977) holds that the five year statute of limitations provided in § 516.120, RSMo is the appropriate statute of limitations to apply to claims asserted under 42 U.S.C. § 1981. ... Consequently, plaintiffs allegation that he was denied light duty work, an act that occurred at the latest 6 years and 11 months before this suit was filed, is barred by limitations under both Title VII and the limitations applicable to claims under 42 U.S.C. § 1981.

Section 516.120 sets a five-year limitations period for tort claims, including claims arising from a sheriff’s levy and sale of real estate.

Alfred v. Ward · filed 1996-11-05

The Ryders’ petition against Sheriff Ward alleges tortious conduct arising from the levy and sale of real estate. Section 516.120, RSMo 1994, which provides for a five year statute of limitations, is the applicable statute in this case. Because the cause of action accrued nearly ten years before the case was filed, the trial court properly dismissed the case.

Section 516.120(4) provides a five-year limitations period for intentional or negligent infliction of emotional distress based on conduct independent of a battery claim.

Ridder v. Hibsch · filed 2003-01-24(4)

For intentional infliction of emotional distress and negligent infliction of emotional distress, if based on conduct independent of the battery claim, the statute of limitations is five years.

Section 516.120 supplies a five-year limitations period for § 1983 claims in Missouri.

Shuler v. Arnott · filed 2022-01-20

Missouri, § 516.120, RSMo. is the applicable limitations period for general personal injury claims.

Section 516.120 imposes a five-year limit on conversion claims, including counterclaims seeking affirmative relief.

Eisele v. Meyers · filed 1996-06-04

We conclude that the Meyerses’ counterclaim for conversion was neither a defensive pleading nor a claim for recoupment or set-off. The conversion claim sought affirmative relief and was essentially a new cause of action. Hence, the circuit court erred in not dismissing the Meyerses’ counterclaim. The claim was barred by the five-year statute of limitation provided for in § 516.120.

Section 516.120 provides a five-year period to bring an action for the recovery of specific personal property.

Castelli v. City of Bridgeton · filed 1990-07-17

Respondent correctly invoked § 516.120 RSMo (1986) and filed his petition for the “recovery of specific personal property” within the five year period mandated by the statute.

Section 516.120(1) gives five years to bring a claim for breach of an implied warranty of fitness in a residence, measured from when the warranty was breached.

Ruhling v. Robert Dawes Construction Co. · filed 1980-12-30(1)

The applicable limitation of actions statute, in these circumstances, is § 516.120, RSMo 1969, requiring that actions shall be brought within five years on “(1) All actions upon contracts, obligations or liabilities, express or implied, except those mentioned in section 516.110, and except upon judgments or decrees of a court of record, and except where a different time is herein limited”. Under plaintiffs’ theory, defendants’ “obligation” is to respond in damages upon an implied warranty of fitness for use as applied to their residence constructed by defendants. The cause of action arose when that implied warranty was breached, i. e., when the house was delivered in its alleged defective condition, and plaintiffs moved into it the end of April, 1968, and discovered that the roof was leaking in a matter of a few days after that time.

Section 516.120 sets a five-year limitations period for claims alleging breach of express or implied warranties in residential construction.

Arst v. Max Barken, Inc. · filed 1983-08-02

In their petition, appellants alleged that respondent expressly and impliedly warranted that the residence it sold to appellants was constructed in a good and workmanlike manner and that respondent breached these warranties when it constructed the residence on a slope which was unstable. Such actions are governed by a five year statute of limitations.

Section 516.120’s five-year period does not bar claims alleging continuing wrongdoing within the limitations period.

Pipeline Productions, Inc. v. S&A Pizza, Inc. · filed 2020-08-26§ 516.120

Because S&A alleges continued wrongdoing, including in the years of 2018 and 2019, the applicable statute of limitations has not run and S&A’s claims are not time-barred.

Section 516.120(4) establishes a five-year limitations period for a Missouri products-liability cause of action.

Sanders v. Clemco Industries, Ingersoll-Rand, Inc. · filed 1987-07-07(4)

The applicable statute of limitations in a products liability case arising in Missouri, Mo. Rev. Stat. § 516.120(4), sets a five-year period of limitation for bringing such a cause of action.

Section 516.120 imposes a five-year statute of limitations on conversion and negligence claims.

Weinbach v. The Boeing Company · filed 2020-03-30§ 516.120

Under Missouri law, both conversion and negligence claims fall under a five-year statute of limitations.

Section 516.120 provides a five-year statute of limitations for personal-injury actions, including this products-liability implied-warranty claim.

Burdess v. Cottrell, Inc. · filed 2023-07-10§ 516.120

Missouri’s five-year statute of limitations for personal injury actions applies here.

Section 516.120(4) provides a five-year limitations period for negligent infliction of emotional distress claims.

Kg v. Rtr · filed 1996-03-26(4)

While the tort of negligent infliction of emotional distress is subject to the general five-year limitation period of § 516.120(4), RSMo 1986, this Court finds only a conclusion in the petition that defendant acted negligently.

Section 516.120(4) sets a five-year limit for other personal injuries; claims alleging assault and battery are subject to the two-year limit in § 516.140.

Sheehan v. Sheehan · filed 1995-06-20(4)

Prior to August 28, 1989, two statutes of limitation controlled claims for childhood sexual abuse by a family member: § 516.140 RSMo 1986, the two-year statute for assault or battery, and § 516.120(4) RSMo 1986, the five-year statute applicable to “any other injury to the person.” ... Which of these two statutes applies depends on the facts alleged. ... Thus, prior to August 28, 1989, her claims were subject to the two-year limitation period of § 516.140 RSMo 1986.

Section 516.120 sets a five-year limitations period for permanent nuisance claims.

Campbell v. Anderson · filed 1993-11-24

Section 516.120, RSMo 1986, ... establishes a five-year statute of limitations for a cause of action for permanent nuisance.

Section 516.120 provides a five-year limitations period for alienation-of-affections actions.

Miller v. Neill · filed 1993-09-21

§ 516.120 RSMo 1986 contains the exact language of the previous statute: “Within five years for any other injury to the person or rights of another_” Therefore, the statute of limitations for alienations of affections is five years.

Section 516.120 provides a five-year limitations period for negligence claims; a defendant asserting the limitations defense must establish when the period began to run.

Nuspl v. Missouri Medical Insurance Co. · filed 1992-12-15

All parties agree the applicable statute of limitations for negligence claims is five years. RSMo § 516.120 (1986). ... We are persuaded by appellants’ contention that the cause accrued when coverage was denied. The record is unclear regarding when this notification occurred, if it occurred at all. It has long been the rule that the burden of establishing the statute of limitations defense lies with the party who asserts it. Southern Cross Lumber, 761 S.W.2d at 271. Because the above date does not appear in the record, respondents’ statute of limitations defense fails for lack of proof.

Section 516.120(4) gives a plaintiff five years to bring a tort claim; for this asbestos claim, the period began with a certain, non-tentative diagnosis.

Lockett v. Fiberglas · filed 1991-03-26(4)

We interpret our statute of limitations as granting a person five years to get to the courthouse after he receives a diagnosis from his doctor that is certain and not tentative.

Section 516.120 bars a fraud claim brought more than five years after the plaintiff could no longer have been unaware of the alleged fraud.

Ley v. St. Louis County · filed 1991-05-21

Additionally this suit was brought more than five years after February 16, 1981, the date of plaintiff’s surgery and the latest date on which plaintiff could possibly be unaware of the erroneous or, as he claimed, fraudulent diagnosis. Sec. 516.120 R.S.Mo.1986, bars the claim even if it is characterized as fraud.

Section 516.120 sets a five-year limitations period for tort claims.

Denny's Inc. v. Avesta Enterprises, Ltd. · filed 1994-07-12

The statute of limitations for tort claims is five years. § 516.120, RSMo 1986. Benedict never filed suit against Sy’s for negligence, however. Winchell’s suit was not filed until August 28, 1991, past the five year statute of limitations.

Section 516.120(4) provides a five-year limitations period for tort claims; for a person whose claim accrues while under twenty-one, § 516.170 delays the start of that period until age twenty-one.

Swartz v. Swartz · filed 1994-09-20(4)

Under § 516.170, RSMo Cum.Supp.1993, if a person is under the age of twenty-one at the time his or her tort cause of action accrues, the five-year period of § 516.120(4), RSMo 1986, does not commence running until the person reaches the age of majority, twenty-one.

Section 516.120’s five-year limit allows a temporary private nuisance claim for each separately accrued injury within the limitations period.

Schwartz v. Mills · filed 1985-02-13

Applying these principles we find that plaintiffs alleged, among alternative causes, an action for a temporary private nuisance, separable as to each accrued injury, for which the plaintiff has redress within the period of limitation for each accrual.

Section 516.120 sets a five-year limitations period for a nuisance action, which begins to run on a temporary nuisance claim when the injury occurs.

Scantlin v. City of Pevely · filed 1987-11-10

Appellant is correct in its assertion that the five year statute of limitations set out in Section 516.120, RSMo 1986, is applicable to the cause at bar. ... In the case at bar, however, respondents proceeded to trial on their claim for a temporary nuisance, and the statute of limitations, therefore, did not begin to run until June 24, 1985. ... The statute of limitation stated in Section 516.120, RSMo 1986, had not run, and respondents action was not time barred.

Section 516.120 imposes a five-year limitations period on parents’ derivative claim for damages arising from their child’s injury.

State Ex Rel. Hamilton v. Dalton · filed 1983-04-26

Further it is barred by the five-year statute of limitations which expired on September 21, 1975. § 516.120 RSMo 1978.

Section 516.120 provides a five-year limitations period for a permanent nuisance.

Rebel v. Big Tarkio Drainage District of Holt City · filed 1980-07-08(3)

The statute of limitations for a permanent nuisance — by the application of § 516.120, RSMo 1978 — is five years.

Section 516.120(3) limits recovery for a continuing trespass to damages from acts committed within the five years before the action was filed.

Cacioppo v. Southwestern Bell Telephone Co. · filed 1977-05-02(3)

Section 516.120(3), supra, provides that “an action for trespass on real estate” shall be commenced within five years. ... Accordingly, the court erred in permitting Mrs. Cacioppo to recover damages for any acts of trespass occurring prior to May 2, 1967, and the cause must be reversed for trial in which the issue of damages would be limited to damages sustained by plaintiff after May 2, 1967.

Section 516.120 provides a general five-year limit for contract actions, but hospital care claims governed by § 516.140 do not gain that limit by being pleaded as contract claims.

State Ex Rel. Sisters of St. Mary v. Campbell · filed 1974-06-11

This general statute of limitations relating to such actions is § 516.120. That section requires that all actions “upon contracts, obligations or liabilities, express or implied, except those mentioned in section 516.110 . . . ” must be brought within five years. ... But a legislative declaration of public policy has been made to carve out of the general statutes of limitations (§ 516.120), specific limitations (§ 516.140) relating to hospitals and to require that actions against such entities be filed within the proscribed time.

Section 516.120(2) bars a city's claims for unpaid hospital care that are more than ten years old.

State ex rel. Robb v. Poelker · filed 1974-10-15(2)

Relators have made several responses to the foregoing attempt on the part of respondents, one of which is that the claims are more than ten years old and are barred by limitation under the provisions of § 516.120(2) RSMo 1969, V.A.M. S. Since it is clear that the asserted claims are barred by the statute of limitations and are unenforceable, we need not reach or consider the other defenses thereto asserted by relators.

Section 516.120 gives a plaintiff five years to sue a railroad for flood damage, starting when the flood waters damage the plaintiff’s property.

Buschelberg v. Chicago, Burlington & Quincy Railroad · filed 1956-04-17

It is true that the five-year statute of limitations, Section 516.120 RSMo 1949, V.A.M.S., applies to actions against railroads for damages caused by flood. ... It is, however, also true that the statute does not run from the time of the construction of the fill but from the time the plaintiff is damaged by the flood waters unlawfully impounded.

Section 516.120(4) establishes a five-year limitations period for general personal injury claims in Missouri.

Robert W. Lohman, Sr v. Kempker · filed 2002-05-16(4)

In Missouri, the applicable limitations period for general personal injury claims is five years.

Section 516.120(4) imposes a five-year statute of limitations on emotional-distress claims.

Robinson v. City of Sikeston, Missouri · filed 2020-02-06(4)

“The statute of limitations for emotional distress claims is five years.”

Section 516.120 sets a five-year statute of limitations for personal injury claims, running from accrual of the cause of action.

Chole v. Boston Scientific Corporation · filed 2020-04-13§ 516.120

In Missouri, the statute of limitations for personal injury claims is five years after the cause of action accrues.

Section 516.120(4) imposes a five-year statute of limitations on other personal injury actions.

Doe v. Archdiocese of St. Louis · filed 2020-12-08(4)

the statute of limitations for other personal injury actions is five years, Mo. Rev. Stat. § 516.120(4).

Section 516.120(4) requires a negligence claim to be brought within five years.

Bryant v. Wal-Mart Stores East, LP · filed 2022-02-22(4)

Pursuant to Missouri statute, a claim of negligence must be made within five years.

Section 516.120(4) gives a plaintiff five years to bring a personal-injury claim.

Henderson v. Missouri Department of Mental Health · filed 2024-07-09(4)

In Missouri, a plaintiff has five years within which to bring a personal-injury claim.

Section 516.120 provides Missouri's five-year statute of limitations for personal-injury actions.

Davidson v. Ferring Pharmaceuticals Inc. · filed 2024-07-26§ 516.120

Missouri’s five-year personal injury statute of limitations.

Mo. Rev. Stat. § 516.120(4) provides a five-year statute of limitations for personal-injury claims arising in Missouri.

Moore v. City of St. Louis Metropolitan Police Department · filed 2025-08-26(4)

the applicable statute of limitations is five years, as set forth in Mo. Rev. Stat. § 516.120(4).

Section 516.120(4) imposes a five-year statute of limitations on negligence claims.

Sharp · filed 2025-10-14(4)

In Missouri the statute of limitations for negligence claims is five years.

Section 516.120(4) provides a five-year limitations period for personal-injury claims.

Troupe · filed 2026-04-20(4)

Missouri law provides a five-year statute of limitations for personal injuries.

Section 516.120(4) provides a five-year statute of limitations for personal-injury claims.

Reid v. Doe Run Resources Corp. · filed 2015-02-11(4)

Instead, Missouri’s five-year statute of limitations for personal injury applies to the plaintiffs’ claims.

Section 516.120(4) provides a five-year limitations period for personal injury actions, which applies to a hybrid LMRDA equal-rights and duty-of-fair-representation claim.

Marshall v. Local Union No. 6, Brewers & Malsters & General Labor Departments · filed 1992-04-01(4)

Therefore we hold as follows: (1) the class claim for Local 6’s acts relating to the June 30, 1987, Memorandum of Understanding (the “hybrid” duty of fair representation/equal rights claim) is governed by the five-year Missouri statute of limitations for personal injury actions and thus is not time-barred; and (2) the hybrid class claims alleging breach of the collective bargaining agreement (section 301(a)) and breach of the duty of fair representation are governed by the six-month statute of limitations under NLRA section 10(b), but the lawsuit was timely filed as to those claims.

Section 516.120(1)'s five-year limitations period applies to contract actions other than actions based on a written promise to pay money; a claim enforcing written commission-payment promises instead falls under the ten-year period.

Aerotronics, Inc. v. Pneumo Abex Corporation · filed 1995-08-09(1)

if the plaintiffs contract claim is not based upon a written promise to pay money, so that any right to the payment of money must be proved by extrinsic evidence of a breach of contract, then the five-year statute applies. However, if the plaintiffs contract claim is based upon a written promise to pay money, then the ten-year statute applies ‘although the plaintiff may, to make out his case, be required to go beyond the terms of the writing to show performance on the part of the plaintiff and a breach on the part of the defendant.’ ... Under the test announced in Johnson, the district court correctly determined that the ten-year statute of limitations applies to Aerotronics’ claims. ... Because no extrinsic evidence is necessary to prove the obligation to pay money, the ten-year statute of limitations .is applicable.

Subsection 516.120(4) supplies a five-year limitations period for personal-injury claims, and Missouri § 1983 claims are governed by that period.

Dowell v. Lincoln County · filed 2013-02-26(4)

As discussed more fully in my June 27, 2012 memorandum and opinion, 2012 WL 2427190, denying defendants’ earlier motion to dismiss raising this same issue, Dowell’s § 1983 claims are governed by Missouri’s five-year statute of limitations for personal injury claims. See Mo.Rev.Stat. § 516.120(4); Sulik v. Taney Cnty., Mo., 393 F.3d 765, 767 (8th Cir. 2005).

Section 516.120(4) provides a five-year limitations period for personal injury actions, and that period applies to § 1983 claims brought in Missouri.

Wilson v. Precynthe · filed 2020-01-24(4)

Missouri’s five-year statute of limitations for personal injury actions, Mo.Rev.Stat. § 516.120(4) (2000), applies to § 1983 claims brought in Missouri. Sulik v. Taney County, Mo., 393 F.3d 765, 766-67 (8th Cir. 2005) (citations omitted). Therefore, to the extent plaintiff attempts to bring claims pursuant to § 1983 that accrued more than five years before the filing of the original complaint, they are time-barred.

Section 516.120(4) sets a five-year limitations period for personal injury actions.

Tretter v. Johns-Manville Corp. · filed 1980-11-17(4)

That statute, § 516.120(4), R.S.Mo. (1969), sets a five year statute of limitations. Plaintiff was required to file suit by March 26, 1976 to preserve his cause of action.

Section 516.120 gives a plaintiff five years to file a personal injury claim.

Stumpf v. Hoerle · filed 1996-04-02

Since her petition was not filed until December 7, 1994, more than five years after the date of the collision, her personal injury claim is barred by the statute of limitations, § 516.120.

Section 516.120's five-year limitations period for an abuse-of-process claim begins when the acts constituting the abuse end, rather than when the underlying action is completed.

Robert V. Steinhilber v. Lake Winnebago Home Owner's Association · filed 1992-06-17

Although the district court held that Steinhilber's abuse of process claim was barred by res judicata, we conclude that the claim was barred by Missouri's five-year statute of limitations. Mo.Rev.Stat. § 516.120 (1986). The statute of limitations on an abuse of process claim "begins to run from the termination of the acts which constitute the abuse complained of, and not from the completion of the action in which the process issued." Corley v. Jacobs, 820 S.W.2d 668, 672 (Mo.Ct.App.1991).

Section 516.120(2) gives abuse-of-process claims a five-year limitations period that begins when the acts constituting the abuse end.

Corley v. Jacobs · filed 1991-11-26(2)

In Missouri this provision is found in Section 516.120(2) RSMo 1986, a five year statute of limitations. A cause of action for abuse of process generally accrues, and the statute of limitations begins to run, from the termination of the acts which constitute the abuse complained of, and not from the completion of the action in which the process issued.

Section 516.120(4) provides a five-year limitations period for an action on a claim for personal property or any other injury to a person or the person's rights.

In Re Lauer · filed 1996-12-20(4)

Having concluded that Section 456.630 is not applicable, we must determine what statute of limitations applies. We agree with appellants that under the Missouri scheme the most directly relevant statute of limitations is that in Section 516.120. Section 516.120 provides that in the absence of a more narrowly tailored limitations period, any action pursuant to a Missouri statute must be commenced within five years. Mo.Rev.Stat. 516.120(2). Section 516.120 also provides for a five year limitations period for any action on a claim for personal property or any other injury to a person or his rights. Mo.Rev.Stat. § 516.120(4). ... Applying the five year statute of limitations, we conclude that plaintiffs' allegations against Mark Twain in Count II were timely.

Section 516.120(4) imposes a five-year limitations period on actions for injury to a person or another's rights, including actions involving goods or chattels.

Viehweg v. Mello · filed 1998-05-26(4)

Missouri, however, provides for a five year statute of limitations for actions "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 ...," Mo.Rev.Stat. § 516.120(4), and for "actions for relief on the ground of fraud...," id. at § 516.120(5). ... Thus, regardless whether Plaintiff characterizes his action against ISI, Barry, and Dultz as one for tortious interference with business relationship,[3] fraud, or for the injury to his work history, the action was governed by the five year statute of limitations.

Section 516.120 provides a five-year limitations period for an action for injury to a person or another's rights when the action does not arise on contract and is not otherwise enumerated.

Kitchen v. Miller · filed 2004-09-10

Accordingly, the court concludes that the relevant statute of limitations period is five years. See Mo.Rev.Stat. § 516.120 (2003) ("Within five years... 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.") (emphasis added).

Section 516.120(4) provides a five-year limitations period for tortious-interference claims, but a claim whose gravamen is defamation is governed by the two-year defamation period.

Cornelius v. Deluca · filed 2010-04-26(4)

Tortious interference with a business expectancy or prospective business relationship has a statute of limitations of five years. Mo.Rev.Stat. § 516.120(4); ... The gravamen of SI03’s tortious interference claim is the defamatory nature of the postings. Therefore, the two-year statute of limitations for defamation claims applies to Count Two, and bars the claim.

Section 516.120(4) gives a plaintiff five years after accrual to bring a tortious interference claim.

D'Arcy & Associates, Inc. v. K.P.M.G. Peat Marwick, L.L.P. · filed 2004-03-16(4)

The limitation for asserting a tortious interference action is five years after the cause’s accrual. Section 516.120(4), RSMo 2000.

Section 516.120 gives a five-year limitations period for trespass claims, including damages from a continuing trespass that accrued within five years before suit.

Cook v. DeSoto Fuels, Inc. · filed 2005-08-02

The Cooks’ trespass claim is governed by the five-year statute of limitations in section 516.120. ... Therefore, the Cooks have adequately presented a continuing trespass claim, which, if proven, would permit them to recover for those damages that accrued within the five-year period preceding this lawsuit.

Section 516.120(4) sets a five-year limitations period for personal injury actions.

STATE EX REL. RAINWORKS IRRIGATION CO. v. Bresnahan · filed 2009-03-17(4)

The statute of limitations for a personal injury case is five years. Section 516.120(4) RSMo 2000.

Section 516.120 gives negligence claims a five-year limitations period; a claim filed more than five years after accrual is barred.

City of North Kansas City v. Archer Daniels Midland Company · filed 2019-02-26

As a result, the negligence claim was filed more than five years after the cause of action accrued and it too was barred by the applicable statute of limitations.

Section 516.120 provides a five-year limitations period for these injury-related warranty claims, accruing on the date of injury.

Hughes v. Balemaster, Inc. · filed 1987-02-03

East Chicago asserts that the subject machine was sold to Procter & Gamble in 1979 and argues that any claims for breach of express and implied warranties accrued on that date and are time barred by the four year period of limitations prescribed in the Missouri Commercial Code, Mo.Rev.Stat. § 400.2-725. Plaintiffs and Procter & Gamble argue that the warranty claims are governed by the five year limitations period contained in Mo.Rev.Stat. § 516.120 and that these claims accrued on the date of the injury, not the date of the sale of the machine. This issue has previously been decided against East Chicago's position in Arst v. Max Barken, Inc., 655 S.W.2d 845 (Mo.Ct.App.1983), and Witherspoon v. General Motors Corp., 535 F.Supp. 432 (W.D.Mo.1982). Accordingly, East Chicago's motion to dismiss the warranty claims due to the statute of limitations is denied.

Section 516.120 gives a claimant five years to sue on an implied contract; when services are continuous and no payment date is fixed, the period begins when the services end.

Machens v. Estate of Machens · filed 1983-04-05

The applicable statute, § 516.120, RSMo (1978), provides that actions upon contracts, express or implied, must be brought within 5 years from the date on which the cause of action accrues. ... In these situations, Missouri courts have held that if the services rendered were continuous, then the statute does not begin to run until termination of the employment. ... Whether the services were continuous was a question of fact. The trial court could not therefore say as a matter of law that any part of plaintiff’s claim was barred.

Section 516.120.1’s five-year limitation does not govern enforcement of assessment liens arising from recorded restrictive covenants; § 516.010 applies because the covenants are hereditaments.

Kuehnle v. Gray · filed 1993-11-23(1)

In Point II, Owners argue enforcement of the hens is barred by § 516.120.1, RSMo 1986, which states a five-year statute of limitations applies to: All actions upon contracts, obligations or liabilities, express or implied, except those mentioned in section 526.110, and except upon judgment or decrees of a court of record, and except where a different time is herein limited. Trustees argue enforcement of the hens is governed by § 516.010, RSMo 1986, which applies to actions for recovery of lands, tenements, or hereditaments. This court previously stated in Terra Du Lac Property Owners’ Ass’n v. Wideman, “restrictive covenants are easements which run with the land and hence are hereditaments.” 655 S.W.2d 803, 805 n. 1 (Mo.App.1983). Therefore, § 516.-010 apphes to this case.

Section 516.120(1) requires actions upon contracts to be brought within five years.

Fogerty v. Metropolitan Life Ins. Co. · filed 1987-07-28(1)

This Court finds that an action to recover benefits under an employee benefit plan, such as the one sponsored by GE in this case, is not an action upon a contract for the payment of money. ... Accordingly, the five-year limitations period set forth in section 516.120(1) must be applied in the instant case.

Section 516.120(1) imposes a five-year limitations period on actions upon contracts, and applies when the defendant's promise to pay must be proved by extrinsic evidence.

Carpenters District Council v. Bowlus School Supply, Inc. · filed 1989-06-28(1)

For the following reasons the Court concludes that the five year limitations period of section 516.120(1) is applicable in the present case, thus barring that portion of plaintiffs’ claims which accrued prior to February 1, 1984. ... (2) Mo.Rev.Stat. § 516.120(1) bars that portion of plaintiffs’ claims accruing prior to February 1, 1984.

Section 516.120(4) imposes a five-year statute of limitations on breach-of-fiduciary-duty claims, which are time-barred when the claim accrued more than five years before suit.

Koester v. American Republic Investments, Inc. · filed 1993-12-14(4)

A claim for breach of fiduciary duty is governed by the five-year statute of limitations found in § 516.120(4). See Lehning v. Bornhop, 859 S.W.2d 271, 273 (Mo.App.1993). ... For the foregoing reasons, we conclude that plaintiffs’ claims against Cole are time-barred by the five year statute of limitations as a matter of law.

Under subsection (4), a § 1983 action is subject to Missouri’s five-year limitations period, and filing the complaint before that period expires makes the action timely even if a required prison account statement is supplied later.

Garrett v. L. Clarke, Sgt. D. Epps, 144 F. West, Maj. 63 Pinelawn Police Department City of Pinelawn · filed 1998-06-26(4)

We conclude that the District Court erred in finding the complaint barred by the statute of limitations. For purposes of the statute of limitations, the filing of a complaint commences a federal cause of action. ... Because Garrett presented his complaint to the District Court clerk for filing before the statute of limitations ran, we conclude his action is timely.

Section 516.120 requires contract actions to be brought within five years after the cause of action accrues.

Discovery Group LLC v. CHAPEL DEVELOPMENT, LLC · filed 2009-07-27

The parties agree that Missouri’s statute of limitations for “actions upon contracts,” Mo.Rev.Stat. § 516.120, governs the timeliness of the indemnification claim. That statute provides that all actions upon contracts must be brought within five years of when the causes accrue. ... Based on these principles, we conclude that appellants’ cause of action for indemnity had not yet accrued when they filed their third-party complaint against Chapel. ... Because their cause for indemnity had not yet accrued under Missouri law, appellants’ action was not barred by the statute of limitations, and the district court erred in granting summary judgment for Chapel on the ground that their action was untimely.

Section 516.120 imposes a five-year limitations period on actions upon contracts, obligations, or liabilities, running from the date of the last payment on the account.

Eckert v. LVNV FUNDING LLC · filed 2009-07-28

Under Missouri law, the appropriate statute of limitations period is five years on "all actions upon contracts, obligations, or liabilities." Mo. Rev.Stat. § 516.120. The statute of limitations period begins to run on the date of the last payment on the account.

Section 516.120 provides a five-year limitations period for contract actions.

Irwin v. Bertelsmeyer · filed 1987-06-02

Appellant’s petition alleged a breach of the employment contract as of March 23, 1981. The suit was filed on March 18, 1986, which on its face placed it within the applicable five-year statute of limitations for contract actions. § 516.120, RSMo 1986. Dismissal on this ground was erroneous.

Section 516.120(4)’s five-year period for negligent failure to procure insurance began when a judgment declaring no coverage created recoverable damages.

Wallace v. Helbig · filed 1998-01-06(4)

There is no dispute regarding the appropriate statute of limitations, Section 516.120(4) RSMo 1994. ... However, the judgment declaring no coverage gave Wallace a claim for existing damages, attorney’s fees and litigation expenses, and activated the period of limitations. Accordingly, the statute of limitations on Wallace’s claim against Helbig began to run on March 23, 1988, and concluded on March 22, 1993. Rule 44.01. The suit filed on March 22, 1993, was timely.

Section 516.120(4) gives actions for taking goods or chattels, including recovery of specific personal property, a five-year limitations period; filing the petition commences the action for that purpose.

Bushie v. Brown · filed 2000-01-13(4)

Actions for the taking of any goods or chattels, including actions for the recovery of specific personal property, have a five year statute of limitations. § 516.120(4), RSMo 1994. The original petition and the order adding Respondents in this case was filed within the five years of the alleged acts. The action was commenced upon the filing of the petition, and therefore within the limitation period.

Section 516.120(1) imposes a five-year limitations period for breach-of-contract actions, including an ERISA benefits action when that is the most analogous state claim.

Johnson v. State Mut. Life Assur. Co. of America · filed 1990-04-18(1)

Accordingly, this Court finds that the most analogous state statute of limitations is the five-year statute of limitations for breach of contract, Mo.Rev.Stat. § 516.120(1), and that, because plaintiff brought her suit more than five years after said cause of action accrued, her claim is barred.

Section 516.120 provides a five-year limitations period for contract-based claims seeking regular or straight-time wages.

Trapp v. O. Lee, LLC · filed 2013-01-16

Although the two-year limitations period in § 516.140 applies to Trapp’s claims seeking overtime pay for breach of contract, quantum meruit, and unjust enrichment, the five-year statute of § 516.120 applies to the claims insofar as those claims seek recovery of regular or straight time wages. ... Trapp’s common-law claims for straight time wages have their basis in general contract law, and thus are governed by the five-year statute of limitations of § 516.120. ... To the extent that Trapp’s common-law claims seek straight time wages — and only to that extent — those claims are governed by the five-year statute of limitations of § 516.120.

Section 516.120(4) imposes a five-year statute of limitations on personal injury actions.

McClurg v. MI Holdings, Inc. · filed 2013-03-27(4)

The Court further concludes that Missouri’s five-year statute of limitations for personal injury actions, Mo.Rev.Stat. § 516.120(4), applies to Plaintiffs’ PAA claims, see, e.g., Corcoran v. N.Y. Power Auth., 202 F.3d 530, 542 (2nd Cir.1999), and Defendants will be free to reassert a statute of limitations argument addressed to any amended complaints that are filed.

Section 516.120’s five-year limitations period governs an action for damages for breach of contract when the writing does not itself promise payment of money.

Silton v. Kansas City · filed 1969-10-28

We hold that the Trial Court correctly ruled that the cause of action alleged in Count IV of plaintiffs petition was governed by the five-year statute of limitations as set forth in § 516.120 RSMo 1959, V.A.M.S., and that the action was not governed by the ten-year period of limitations provided in § 516.110(1), RSMo 1959, V.A.M.S.

Section 516.120 provides a five-year limitations period applicable to a suit for breach of a written contract.

Ballwin Plaza Corp. v. H. B. Deal Construction Co. · filed 1971-02-08

The parties agree that the five-year statute of limitations set forth in § 516.120, RSMo., 1969, V.A.M.S., is the applicable limitations statute. This section does apply to a suit for breach of a written contract. ... It is thus clear that plaintiff’s cause of action accrued on May 1, 1962.

Section 516.120 gives a plaintiff five years to bring a breach-of-warranty action after the right to sue arises.

Neal v. Laclede Gas Company · filed 1974-12-23

Since plaintiffs’ action was not commenced within five years as required by § 516.120 RSMo 1969, their suit should have been dismissed.

Section 516.120(1) gives five years to bring an employee compensation claim based on an obligation arising from municipal civil service rules adopted under an ordinance.

Barberi v. University City · filed 1975-01-14(1)

Inasmuch as plaintiffs’ claim for compensation is based on Rule X of defendant’s civil service rules adopted pursuant to an ordinance enacted by defendant, we decide that plaintiffs’ claim is an action upon an obligation as contemplated by § 516.120(1) and is barred by reason of the five year limitation period.

Section 516.120 provides a five-year limitations period for contract actions, which the court used as a benchmark for assessing delay under laches.

Goodman v. McDonnell Douglas Corp. · filed 1978-08-25

Although laches is a flexible concept which is shaped by the needs of equity, courts commonly apply an analogous state statute of limitations in determining what is a reasonable period of time. Ruffing v. United Steel Corporation, 76 L.C. ¶ 10,857 (E.D.Pa.1975). The analogous statute of limitations in Missouri for contract actions is five years. Sec. 516.120, R.S.Mo. Since defendant changed its upgrading policy in the new collective bargaining agreement entered in 1972, it is undisputed that no injury could have occurred after May 15, 1972. Assuming, arguendo, that 1972 is the focal date, plaintiffs still did not file within five years. This is clearly inexcusable delay.

Section 516.120(1) provides a five-year limitations period for breach-of-contract claims that require proof of extrinsic facts to establish liability.

Robbins v. Newman · filed 1979-12-26(1)

Therefore, the five year statute of limitations of § 516.120(1), R.S.Mo. (1969) is applicable to all plaintiffs' claims.