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plaintiffdefendantstatutetrialstatute of limitations
plaintiffdefendantstatutetrialstatute of limitations

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Trzecki v. Gruenewald, 532 S.W.2d 209

Facts

The plaintiff, a Missouri resident, was injured in an automobile accident in Illinois while on a trip intended to begin and end in Missouri. On June 23, 1970, the plaintiff and defendant David Gruenewald's car became inoperative, prompting a call for assistance from another defendant, Steven. While towing the car back to Missouri, Steven's vehicle overturned, resulting in the plaintiff's injuries. All parties involved were residents of Missouri, and the automobiles were licensed and garaged in Missouri.

The plaintiff, a Missouri resident, was injured in an automobile accident in Illinois while on a trip intended to begin and end in Missouri.

Issue

Whether the Missouri 'borrowing statute' applies to make the Illinois statute of limitations effective as a Missouri statute for the purpose of determining the timeliness of the plaintiff's action.

Whether the Missouri 'borrowing statute' applies to make the Illinois statute of limitations effective as a Missouri statute for the purpose of determining the timeliness of the plaintiff's action.

Rule

The Missouri 'borrowing statute' states that whenever a cause of action has been fully barred by the laws of the state where it originated, that bar serves as a complete defense to any action brought in Missouri courts.

The Missouri 'borrowing statute' states that whenever a cause of action has been fully barred by the laws of the state where it originated, that bar serves as a complete defense to any action brought in Missouri courts.

Analysis

The court applied the borrowing statute to conclude that the Illinois statute of limitations was applicable to the case, despite the plaintiff's argument that the Missouri five-year statute should apply. The court noted that the borrowing statute does not distinguish between resident and nonresident parties and that the Illinois guest statute did not create a cause of action but merely limited recovery under certain circumstances.

The court applied the borrowing statute to conclude that the Illinois statute of limitations was applicable to the case, despite the plaintiff's argument that the Missouri five-year statute should apply.

Conclusion

The Supreme Court of Missouri affirmed the trial court's judgment, ruling that the plaintiff's action was barred by the Illinois statute of limitations as applied through the Missouri borrowing statute.

The Supreme Court of Missouri affirmed the trial court's judgment, ruling that the plaintiff's action was barred by the Illinois statute of limitations as applied through the Missouri borrowing statute.

Who won?

Defendants prevailed in the case because the court upheld the trial court's dismissal based on the application of the Illinois statute of limitations, which was deemed applicable under the Missouri borrowing statute.

Defendants prevailed in the case because the court upheld the trial court's dismissal based on the application of the Illinois statute of limitations, which was deemed applicable under the Missouri borrowing statute.

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