Setliff v. E. I. Du Pont De Nemours & Co.

Opinion

MORRISON, J.

Plaintiff Jerry Setliff appeals from a judgment in favor of all nonsettling defendants after their demurrers were sustained or their motions for judgment on the pleadings were granted. Plaintiff contends his amended complaint stated a cause of action for negligence and products liability under traditional theories, as well as a cause of action for products liability under alternative liability and market share theories. We agree with the lower court that plaintiff’s inability to identify the substance that caused his injuries renders his complaint fatally defective. We…