Such a determination would violate the public policy of this state in that the presentation of stale claims would occur with a resulting unfairness to the defendant. We hold that Plaintiffs' claim under section 537.053.3 accrued on the date of decedent's death and was time-barred three years thereafter. In Doe, plaintiff sued for alleged battery, clergy malpractice, and breach of fiduciary duty after the statute of limitations had run on these actions. Meanwhile the legislature enacted section 537.046, the childhood sexual abuse statute. The Court held that section 537.046 clearly contravenes the constitutional prohibition against retrospective laws by authorizing a claim that had previously been time-barred.
Doe prohibits the legislative revival of a cause of action.
We believe the reasoning of Doe squarely applies in this case to prohibit judicial revival of a cause of action. Therefore, our preliminary order in prohibition is made permanent. Respondent is directed to take no further action in this case other than to enter an order dismissing Plaintiffs' time-barred petition. The record is silent on whether Plaintiffs pursued any claim against Watkins.