WESTERN CASUALTY & SURETY CO. v. LAMPING

No. 35342.

507 S.W.2d 38 (1974)

The WESTERN CASUALTY & SURETY CO., a corporation, Plaintiff-Appellant. v. John D. LAMPING, Defendant-Respondent.

Missouri Court of Appeals, St. Louis District, Division Two.

March 5, 1974.


Attorney(s) appearing for the Case

John J. Donnelly, St. Louis, for plaintiff-appellant.

Harlan & Harlan, Clayton, for defendant-respondent.


GUNN, Judge.

Plaintiff-appellant appeals from an order sustaining defendant-respondent John D. Lamping's motion to dismiss on the ground that plaintiff's action was commenced after the running of the five year statute of limitations, § 516.120 RSMo 1969, V.A.M.S. We affirm.

On April 22, 1967, an automobile driven by John D. Lamping collided with a vehicle driven by plaintiff's assured. It was evident from the police report of the accident that John D...

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