Parks v. Union Carbide Corp.

I respectfully dissent.

The principal opinion would set in concrete two exceptions to the rule announced in Missouri Pacific Railroad Co. v. Whitehead and Kales Co., 566 S.W.2d 466 (Mo. banc 1978), that two concurrent tortfeasors should bear the damages caused to the plaintiff in proportion to their relative fault. The principal opinion approves the exception to Whitehead and Kales that was created in State ex rel. Maryland Heights Concrete Contractors, Inc. v. Ferriss, 588 S.W.2d 489 (Mo. banc 1979). The opinion then would add still another exception by excluding from the comparison process…