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Davison v. Dairy Farmers of America, Inc.

Court of Appeals of Missouri, Western District, Fourth Division

September 30, 2014

REBECCA J. DAVISON, Appellant,
v.
DAIRY FARMERS OF AMERICA, INC., Respondent

Appeal From: Platte County Circuit Court. The Honorable Dennis C. Eckold, Judge.

Theodore C. Beckett III and Jeffrey M. Hensley, Kansas City, MO, for appellant.

Patrick F. Hulla, Kansas City, MO and David L. Schenberg, St. Louis, MO, for respondent.

Before: Alok Ahuja, Chief Judge, Presiding, Cynthia L. Martin, Judge and David H. Miller, Special Judge. All concur.

OPINION

Page 82

Cynthia L. Martin, Judge

Rebecca Davison (" Davison" ) appeals the dismissal of her age discrimination lawsuit against Dairy Farmers of America, Inc. (" DFA" ). Davison asserts that the trial court erred in dismissing her action as time barred because the savings statute, section 516.230,[1] permitted her suit to be re-filed within a year of its voluntary dismissal. We affirm.

Factual and Procedural History

On July 8, 2009, Davison, an employee of DFA, filed a charge with the Missouri Commission on Human Rights (" Commission" ) claiming age discrimination and retaliation. Davison claimed her age was a contributing factor to hostile treatment she received from DFA management in the

Page 83

months leading up to her charge. She also claimed the harassment was in retaliation for a complaint she made with the DFA Compliance Hotline in March 2009.

On July 17, 2009, Davison's employment with DFA was terminated. Davison thereafter filed a second charge with the Commission, claiming she was discharged in retaliation for filing the first charge. The Commission issued a notice of right to sue letter in April 2010.

In July 2010, Davison filed a lawsuit against DFA under the Missouri Human Rights Act (" MHRA" ).[2] In August 2012, Davison voluntarily dismissed her lawsuit.[3] She re-filed her lawsuit in July 2013. DFA filed a motion to dismiss alleging that Davison's claims were barred by the statute of limitations for MHRA claims set forth in section 213.111, and that the savings statute, section 516.230, does not apply to MHRA claims. The trial ...


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