PETERS v. JOHNSON & JOHNSON PRODUCTS, INC.

No. 55322.

783 S.W.2d 442 (1990)

Jason PETERS, et al., Plaintiffs-Appellants, v. JOHNSON & JOHNSON PRODUCTS, INC., et al., Defendants-Respondents.

Missouri Court of Appeals, Eastern District, Division Two.

January 23, 1990.


Attorney(s) appearing for the Case

Daniel R. Devereaux, St. Louis, for plaintiffs-appellants.

Arter & Hadden, George Gore, Victoria Vance, Cleveland, Ohio, Evans & Dixon, Gerre S. Langton, St. Louis, for defendants-respondents.


PUDLOWSKI, Presiding Judge.

This is an appeal of a judgment in accord with a jury verdict. The appellant alleged that his mother, Sheri Peters, died on November 27, 1983 as a result of contracting toxic shock syndrome (TSS) from her use of respondents' defective o.b. tampon.

The transcript reveals that the appellant prior to trial discarded his theories of negligence and pursued his cause of action on the sole theory of a defective commodity in a strict product...

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