Baker Sterchi recently obtained dismissal of all claims against its clients, a retail company and an auction company, in a negligence and products liability action. The action arose out of a farming equipment incident that plaintiff alleged caused him permanent disfigurement. The Circuit Court of Howard County, Missouri, held oral arguments on the parties’ respective motion to dismiss and response, and ruled on the motion following oral arguments before the defendants’ reply was filed. The court agreed that the plaintiff’s petition failed to meet the Missouri fact-pleading standard and therefore failed to state a claim upon which relief could be granted. The court rejected the plaintiff’s argument that the petition linked one or both of the defendants to the sale, repair, or maintenance of the product at issue.
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