Malone v. Schapun, Inc.

RHODES RUSSELL, Judge.

Plaintiffs, Cornelius and Norma Malone, appeal from the dismissal of their strict liability claims against Schapun, Inc., d/b/a O’Fallon True Value Hardware (“retailer”), and from a summary judgment on their negligence claims against retailer and its two owners/managers. We reyerse and remand the trial court’s dismissal of the product liability claims in that there was no defendant properly before the court from whom total recovery could have been had as required by section 537.762 RSMo 1994. 1 We affirm the trial court’s grant of summary judgment on the negligent…