Motion to dismiss, defendant whose only liability is as seller in stream of commerce requirements, procedure
In a product injury lawsuit, if a defendant only sold the product but did not make it, that defendant can ask the court to drop them from the case. This only works if the company that actually made the product is already part of the lawsuit and can pay the full amount owed. The seller files paperwork swearing they had nothing to do with the problem other than selling the item. The other side gets 60 days to look for evidence that the seller was at fault for some other reason. If no such evidence turns up, the court drops the seller from the case — but that dismissal is not fully final until the whole case is settled or decided.
537.762. to dismiss, whose only is as in requirements, procedure — to be . — 1. A defendant whose liability is based solely on his status as a seller in the stream of commerce may be dismissed from a as provided in this section.
2. This section shall apply to any products liability claim in which another defendant, including the , is properly before the court and from whom total recovery may be had for 's .
3. A defendant may move for dismissal under this section within the time for an or other unless permitted by the court at a later time for . The motion shall be accompanied by an which shall be made and shall state that the defendant is aware of no facts or circumstances upon which a might be reached against him, other than his status as a seller in the stream of commerce.
4. The parties shall have sixty days in which to conduct on the issues raised in the motion and affidavit. The court for good cause shown, may extend the time for discovery, and may enter a the regarding the scope of discovery on other issues.
5. Any may move for a on a motion to dismiss under this section. If the requirements of subsections 2 and 3 of this section are met, and no party comes forward at such a hearing with evidence of facts which would render the defendant seeking dismissal under this section on some basis other than his status as a seller in the stream of commerce, the court shall dismiss the claim as to that defendant.
6. An order of dismissal under this section shall be interlocutory until of plaintiff's claim by or and may be for good cause shown at anytime prior to such .
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Source & history notes
(L. 1987 H.B. 700 § 34, A.L. 2019 S.B. 7)
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