State Ex Rel. Apco Oil Corporation v. Turpin

SIMEONE, Judge.

This original proceeding in mandamus presents a unique facet of the Missouri “long arm statute.” 1 The issues are: (1) when a Missouri consumer sues for damages for an allegedly defective product against a Missouri dealer, may the dealer bring a third party action against the manufacturer, a foreign corporation which is allegedly ultimately liable for the defective product, on the ground that the manufacturer committed a “tortious act within this state” although the tort is allegedly committed upon the consumer and not the dealer, and (2) may the dealer compel the third party…