Bergstreser v. Mitchell

GIBSON, Chief Judge.

This is an interlocutory appeal pursuant to 28 U.S.C. § 1292(b) from an order involving a controlling question of law as to which there is substantial ground for difference of opinion. Indeed, the question of law presented by this case, which concerns a cause of action based upon an alleged preconception tort to an infant, is an unusual and novel one upon which few courts have had an opportunity to express any *24opinion whatsoever. Moreover, the courts of Missouri, the state in which the instant case arose, have never had occasion to address the particular questions which…