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Missouri Revised Statutes

Mo. Rev. Stat. § 507.115 (2026)

Infant defined for civil suit purposes

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  507.115.  Infant defined for civil suit purposes. — As used in sections 507.110 to 507.220, the term "infant" means any person who has not attained the age of eighteen years.  All persons of the age of eighteen years or older, not otherwise disqualified, may commence, prosecute, or defend any action in his own name as the real party in interest.

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(L. 1976 S.B. 500 § 1)

(1979) Statute is to be construed to mean persons who have not attained age of 18 years. Holoman v. Harris (A.), 585 S.W.2d 530.

Notes of Decisions
Cited in 22 cases, 1979–2015 · leading case: Strahler v. St. Luke's Hosp., 706 S.W.2d 7 (Mo. 1986).
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Strahler v. St. Luke's Hosp., 706 S.W.2d 7 (Mo. 1986). · cites it 6× “NOTES [1] The four other defendants who were named in the petition have reached a settlement with plaintiff and are no longer parties to this action. [2] In Missouri a minor, or infant, in connection with the commencement of a civil action, is defined as any person who has not…”
Dorris v. McClanahan, 725 S.W.2d 870 (Mo. 1987). · cites it 10× “[2] (Section 507.115, RSMo 1986). The tolling provisions of § 516.”
Batek v. Curators of the Univ. of Missouri, 920 S.W.2d 895 (Mo. 1996). · cites it 4× “§ 507.115, RSMo 1994. Because respondents’ allegedly negligent acts occurred after Ms.”
Wheeler v. Briggs, 941 S.W.2d 512 (Mo. 1997). · cites it 6× “The overriding factor in that determination was that minors lack the legal capacity to file suit under § 507.115, *515 RSMo 1994, which provides that only persons of age 18 years or over are entitled to bring civil suits in their own names.”
Keyen Braughton, A Minor & Konnor Braughton, A Minor, By & Through Conservators, David & Michelle Braughton v. Esurance Ins. Co., 466 S.W.3d 1 (Mo. Ct. App. 2015). · cites it 2× “” Section 507.115 defines “infant” as “any person who has not attained the age of eighteen years.”
Miguel v. Lehman, 902 S.W.2d 327 (Mo. Ct. App. 1995). · cites it 5× “…action, is defined as any person who has not attained the age of eighteen years.” Strahler, 706 S.W.2d at 8 n. 2; § 507.115 RSMo 1994.”
In Re the Marriage of Goodrich, 622 S.W.2d 411 (Mo. Ct. App. 1981). · cites it 2× “He contends that since § 507.115, RSMo 1978, gives the child the right to bring suit at 18, her disability no longer exists and she can bring an action for any necessary support.”
Ridder v. Hibsch, 94 S.W.3d 470 (Mo. Ct. App. 2003). · cites it 2× “§ 507.115. Thus, under § 516.371, plaintiffs cause of action would be barred not later than January 18, 1993.”
Biermann v. Biermann, 657 S.W.2d 65 (Mo. Ct. App. 1983). · cites it 2× “-090(2)) and bring suit in his own name (§ 507.115) does not establish that age eighteen is the demarcation of majority for all purposes.”
State v. Duggar, 806 S.W.2d 407 (Mo. 1991). “2, to bring civil suits on their own behalf, § 507.115, to execute binding contracts, § 431.”
Kuhlmeier v. Hazelwood Sch. Dist., 596 F. Supp. 1422 (E.D. Mo. 1984). · cites it 2× “See also Infants, 42 Am.Jur.2d § 161 (1969). Moreover, the minority of the named plaintiffs has expired and with it expired the authority of the next friends to represent them in this action.”
Biermann v. Biermann, 584 S.W.2d 106 (Mo. Ct. App. 1979). “Also, § 507.115 authorizes a person who is eighteen years of age to prosecute or defend a lawsuit in his own name as the real party in interest, and § 431.”
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