Tort :  Fraud – Res Judicata –  Statute Of Limitations

Where plaintiffs brought wrongful death claims against a hospital after an employee intentionally killed their relatives with lethal overdoses, and the plaintiffs then brought fraud claims against the hospital alleging that it intentionally misled them to prevent the timely filing of the wrongful death actions after they were dismissed as time barred, summary judgment for the hospital on the fraud claims is reversed and remanded because the trial court erred in finding that the second lawsuits were time barred or barred by res judicata.

Judgment is reversed and remanded.

Boland v. St. Luke’s Health System, Inc. (MLW No. 71781/Case No. WD80928 – 14 pages) (Missouri Court of Appeals, Western District, Pfeiffer, J.) Appealed from circuit court, Livingston County, Adkins, J. (J. Kent Emison, Michael W. Manners and Lindsey Scarcello, Lexington, and L. Annette Griggs and Steven J. Streen, Kansas City, Missouri, for appellants) (Adam S. Davis and Christopher L. Schnieders, Kansas City, Missouri, and Sean T. McGrevey, Overland Park, Kansas, for respondents).

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