National Bank of Commerce v. Dow Chemical Co.

Annabelle Clinton Imber, Justice.

The appellants, National Bank of Commerce (“National Bank”), as guardian of Ashley Smits’s estate, and William J. Smits (“Smits”), individually and as parent and next friend of the minor Ashley Smits, filed a products liability action against the manufacturers and applicators/ distributors of two chemicals which allegedly caused Smits to develop severe birth defects. The trial court dismissed the action without prejudice pursuant to Ark. R. Civ. P. 12(b)(8). National Bank and Smits appeal the dismissal. We reverse and remand.

National Bank and Smits filed a…