Gassert Ex Rel. Gassert v. Commercial Mechanisms, Inc.

WAHL, Justice.

Plaintiff Howard Gassert brought suit for injuries sustained by his son when struck by a pitching machine manufactured by defendant Commercial Mechanisms, Inc. (CMI). CMI moved for summary judgment in Carlton County District Court on the ground that, as a defunct Missouri corporation, it was not capable of being sued for injuries occurring after it had dissolved. The trial court denied the motion but certified to this court the following question:

“Can plaintiff maintain a suit for personal injury against a dissolved Missouri corporation on a cause of action arising subsequent to…