Harold M. Poling v. S. K. Moitra

The Missouri Court of Appeals, Eastern District, transferred this case so this Court could determine whether the statute of limitations on medical malpractice claims, § 516.105, RSMo 1978, bars such a claim against a physician who left Missouri to reside in another state, or whether the tolling provisions of § 516.200, RSMo 1978, are applicable even though the physician remained subject to personal service and personal judgment under Missouri's long-arm statutes (§§ 506.500, 506.510 and 506.520, RSMo 1978). This Court holds that § 516.200 tolls the statute of limitations in this case and we reverse and remand. Defendant Moitra, a physician, performed two operations on plaintiff Poling in September 1980 at Memphis, Missouri. Defendant ceased his treatment of plaintiff in October 1980. In June 1981 defendant moved to Pennsylvania and has resided there since. Plaintiff filed a medical malpractice action against defendant in March, 1983. The defendant raised as an affirmative defense the two-year statute of limitations on medical malpractice claims provided in § 516.105. In response, plaintiff averred that under § 516.200 the statute of limitations has been tolled because of defendant's absence from Missouri since June 1981.