State ex rel. American Medical International, Inc. v. Sweeney

I dissent. The following is an outline, gleaned from the record, of the factual basis for my dissent. In the underlying action, plaintiffs, Nina Evelyn Wright-Bur-dette (Lyn) and Jon Paul Burdette (Jon), her husband, seek to recover against defendants-relators, American Medical International, Inc., and Notami Hospitals of Missouri, Inc., damages for personal injuries to Lyn, resulting from two defective temporal mandibular joint interpositional implants (“TMJ implants”). The allegations of liability in the petition were as follows:

“15. That on or about July 31, 1984, Defendant AMI sold/and or…