LIPPARD v. HOUDAILLE INDUSTRIES, INC.

No. 67802.

715 S.W.2d 491 (1986)

Thomas L. LIPPARD, Appellant, v. HOUDAILLE INDUSTRIES, INC., Respondent.

Supreme Court of Missouri, En Banc.

Rehearing Denied September 16, 1986.


Attorney(s) appearing for the Case

Stephen F. Meyerkord, St. Louis, Francis M. Luehrman, Clayton, for appellant.

Ben Ely, Jr., Rochelle Kaskowitz, St. Louis, for respondent.

Michael W. Manners, Independence, amicus curiae for MATA.

W. James Foland, Ted. R. Osborn, Kansas City, amicus curiae, for Mo. Organ. of Defense Lawyers.


BLACKMAR, Judge.

In this case of first impression with us we are called upon to decide whether the comparative fault principles of Gustafson v. Benda, 661 S.W.2d 11 (Mo. banc 1983) apply to strict products liability cases. After considering thorough briefs, excellent oral argument, cases from other jurisdictions, and scholarly writings, we conclude that comparative fault should not be applied in cases of this kind.

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