Mulligan v. Truman Medical Center
Missouri Court of Appeals
1Opinion of the Court
BRECKENRIDGE, Judge.
Patricia Mulligan appeals from the trial court’s order dismissing her strict products liability action against Truman Medical Center for failure to state a claim. Ms. Mulligan contends that the trial court erred by dismissing her petition upon its finding that hospitals, such as Truman Medical Center, cannot be held strictly liable for defective products. This court finds that Ms. Mulligan sufficiently pleaded a claim for strict products liability; Missouri law permits strict products liability claims to be asserted against hospitals; and the claim is not barred by the…
2Cases cited26 opinions
- Keener v. Dayton Electric Manufacturing CompanySupreme Court of Missouri · 1969
- Zafft v. Eli Lilly & Co.Supreme Court of Missouri · 1984
- Mahoney v. Doerhoff Surgical Services, Inc.Supreme Court of Missouri · 1991
- Lippard v. Houdaille Industries, Inc.Supreme Court of Missouri · 1986
- Tune v. Synergy Gas Corp.Supreme Court of Missouri · 1994
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3Cited by6 opinions
- Jerry M. BASS; Bonnie Bass, Appellees, v. GENERAL MOTORS CORPORATION, AppellantCourt of Appeals for the Eighth Circuit · 1998
- Lay v. P & G Health Care, Inc.Missouri Court of Appeals · 2000
- Budding v. SSM Healthcare SystemSupreme Court of Missouri · 2000
- Stalcup v. Orthotic & Prosthetic Lab, Inc.Missouri Court of Appeals · 1999
- Royer v. Catholic Medical CenterSupreme Court of New Hampshire · 1999
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