Missouri Revised Statutes
Chapter 537 - Torts and Actions for Damages
Section 537.762 - Motion to dismiss, defendant whose only liability is as seller in stream of commerce requirements, procedure — order of dismissal to be interlocutory.

Effective - 28 Aug 2019, 2 histories
537.762. Motion to dismiss, defendant whose only liability is as seller in stream of commerce requirements, procedure — order of dismissal to be interlocutory. — 1. A defendant whose liability is based solely on his status as a seller in the stream of commerce may be dismissed from a products liability claim as provided in this section.
2. This section shall apply to any products liability claim in which another defendant, including the manufacturer, is properly before the court and from whom total recovery may be had for plaintiff's claim.
3. A defendant may move for dismissal under this section within the time for filing an answer or other responsive pleading unless permitted by the court at a later time for good cause shown. The motion shall be accompanied by an affidavit which shall be made under oath and shall state that the defendant is aware of no facts or circumstances upon which a verdict 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 discovery 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 protective order pursuant to the rules of civil procedure regarding the scope of discovery on other issues.
5. Any party may move for a hearing 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 liable on some basis other than his status as a seller in the stream of commerce, the court shall dismiss without prejudice the claim as to that defendant.
6. An order of dismissal under this section shall be interlocutory until final disposition of plaintiff's claim by settlement or judgment and may be set aside for good cause shown at anytime prior to such disposition.
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(L. 1987 H.B. 700 § 34, A.L. 2019 S.B. 7)

Structure Missouri Revised Statutes

Missouri Revised Statutes

Title XXXVI - Statutory Actions and Torts

Chapter 537 - Torts and Actions for Damages

Section 537.010 - Action for damages to property to survive regardless of death of either party.

Section 537.020 - Action for personal injury or death to survive regardless of death of either party.

Section 537.021 - Action for damages — personal representative to maintain or defend — exception — action against liability insurer, procedure.

Section 537.030 - Section 537.010 not to extend to what action.

Section 537.033 - Design professionals — peer review process, requirements.

Section 537.035 - Peer review committees — composition, purpose — immunity from civil liability, who, when — disclosure of records prohibited, exceptions — testimony before, discovery and admissibility, limitations.

Section 537.037 - Emergency care, no civil liability, exceptions (Good Samaritan law).

Section 537.045 - Parent or guardian liable for damages by minor, when, limitation — minor's liability — work accepted in lieu of payment.

Section 537.046 - Childhood sexual abuse, injury or illness defined — action for damages may be brought, when.

Section 537.047 - Civil action for damages authorized, sexual and pornographic offenses involving a minor — statute of limitations.

Section 537.050 - Civil action not merged in criminal prosecution.

Section 537.053 - Sale of alcoholic beverage may be proximate cause of personal injuries or death — requirements — (dram shop law).

Section 537.055 - Operation of a motorcycle not evidence of comparative negligence.

Section 537.058 - Personal injury, bodily injury, or wrongful death, time-limited demand to settle, requirements.

Section 537.060 - Contribution between tort-feasors — release of one or more, effect.

Section 537.065 - Claimant and tort-feasor may contract to limit recovery to specified assets or insurance contract, when — procedure — applicability to covenant not to execute, requirements — insurer defined.

Section 537.067 - Joint and several liability of defendants in tort actions, allocation of responsibility for judgment — defendants several liability for punitive damages.

Section 537.068 - Court may enter remittitur order or increase jury award, when.

Section 537.069 - Provisions of certain laws applicable to all causes of action.

Section 537.080 - Action for wrongful death — who may sue — limitation.

Section 537.085 - Defenses to wrongful death action.

Section 537.090 - Damages to be determined by jury — factors to be considered.

Section 537.095 - Joinder of parties not required, when, effect on recovery — plaintiff ad litem, recovery, distribution.

Section 537.100 - Limitation of action — effect of absence of defendant and nonsuit.

Section 537.105 - Radio station not liable for defamation, when.

Section 537.110 - What words are actionable.

Section 537.115 - Food donation or distribution, limited liability, when.

Section 537.117 - Officers or members of governing bodies of certain corporations, charities, organizations or clubs immune from personal liability for official acts, exceptions.

Section 537.118 - Volunteers, limited personal liability, certain organizations and government entities, exceptions.

Section 537.120 - Physician not liable for restraint of mentally incapacitated persons.

Section 537.123 - Civil action for damages for passing bad checks, only original holder may bring action — limitations — notice requirements — payroll checks, action to be against employer.

Section 537.125 - Shoplifting — detention of suspect by merchant — liability presumption.

Section 537.127 - Stealing, civil liability — parent or guardian civilly liable for minor's stealing — conversion of shopping carts, penalty.

Section 537.130 - Liability for damages caused by riotous assemblage.

Section 537.165 - Political subdivisions to defend tort actions against firemen involving use of motor vehicles — extent of liability.

Section 537.170 - Waiver of rights to damages by blind employee.

Section 537.180 - Negligence of fellow servant no defense in action by employee against railroad or mine.

Section 537.190 - Fellow servant defined.

Section 537.200 - Vice-principals defined.

Section 537.210 - Contracts limiting liability invalid.

Section 537.220 - Construction and application of sections 537.180 to 537.210.

Section 537.230 - Action against mining operator for wrongful death of employee — amount — limitation.

Section 537.240 - Railroads and railroad corporation or companies — terms construed.

Section 537.250 - Liability of common carrier for loss or damage to property transported — who may be joined as defendants.

Section 537.260 - Railroad liable for killing stock — irrespective of negligence unless road is fenced.

Section 537.270 - Insufficient fence on railroad — stock killed — damages.

Section 537.280 - Injury to stock by railroad — agreed damages — payment, when.

Section 537.290 - Failure to pay agreed damages — double damages.

Section 537.294 - Firearm ranges — definitions — not to be deemed a nuisance, when — immunity from civil and criminal liability, when.

Section 537.295 - Agricultural operation not to be deemed a nuisance, when — exceptions — costs.

Section 537.296 - Private nuisance — definitions — exclusive compensatory damages for agricultural nuisances, subsequent actions, effect of — standing — action in excess of one million dollars, court or jury shall visit property — copy of final judgm...

Section 537.297 - Transfer of anhydrous ammonia, tamperer assumes risk — owners immune from liability and suit, when.

Section 537.300 - Penalty for driving away of others' stock by drovers.

Section 537.310 - Proceedings under section 537.300.

Section 537.320 - Judgment — execution.

Section 537.325 - Definitions — liability for equine activities, limitations, exceptions — signs required, contents.

Section 537.327 - Paddlesport activities — definitions — immunity from liability, when — exemptions — posting of signs required, content.

Section 537.328 - Private campgrounds, immunity from liability for inherent risks of camping — liability, when — signage.

Section 537.330 - Malicious trespass — to personalty — double damages — issuance of attachment, when.

Section 537.340 - Trespass on realty — treble damages recoverable, when — rules for trimming, removing, and controlling trees.

Section 537.345 - Definitions for sections 537.345 to 537.347 and 537.351.

Section 537.346 - Landowner owes no duty of care to persons entering without fee to keep land safe for recreational use — immunity from liability for injuries of trespasser on land adjacent to park or trail.

Section 537.347 - Landowner directly or indirectly invites or permits persons on land for recreation or wildlife management, effect.

Section 537.348 - Landowner liable, when — definitions.

Section 537.349 - Liability of landowner to trespasser, immunity where trespasser under influence of drugs or alcohol — limitations.

Section 537.350 - Double damages for throwing down gates and fences — exception.

Section 537.351 - Trespassers, no duty of care by owners, exception — liability for physical injury or death, when.

Section 537.353 - Liability for damage or destruction of field crop products, when — court costs awarded, when.

Section 537.354 - Prescribed burning act — definitions — immunity from liability, when — inapplicability, when.

Section 537.355 - Private property, permission by owner to hunt, fish, or recreate, limitation on privilege.

Section 537.360 - Single damages only recoverable, when.

Section 537.370 - Penalties, how recovered.

Section 537.380 - Fires from railroad engines — damages.

Section 537.400 - Double damages for willful fires.

Section 537.410 - Damages for backwater caused by boom across stream — attorney's fee.

Section 537.420 - Tenant for life or years liable for treble damages for waste.

Section 537.430 - Who may sue.

Section 537.440 - Heirs may sue for waste, when.

Section 537.450 - Tenant holding land after having aliened it liable for waste.

Section 537.460 - Tenants liable to cotenants, when.

Section 537.470 - Conservators, liable for waste, when.

Section 537.480 - What damages recovered for waste.

Section 537.490 - Treble damages if waste was wantonly committed.

Section 537.500 - Where waste committed pending suit, receiver may take possession.

Section 537.510 - Actions for waste, brought against whom.

Section 537.520 - Interest as part of damages.

Section 537.523 - Institutional vandalism, civil actions for damages or injunction — attorney fees and costs.

Section 537.524 - Injunction and damages for interference with lawful hunting and trapping.

Section 537.525 - Tampering with computer data, computer equipment, or computer users — damages — attorney fees, certain expenses, awarded when.

Section 537.528 - Actions for damages for conduct or speech at public hearings and meetings to be considered on expedited basis — procedural issues.

Section 537.550 - Limitation on liability for injury or death at fairs or festivals — signs to be posted, content.

Section 537.555 - No civil liability for forcible entry into a vehicle for purpose of removing an unsupervised minor, when.

Section 537.595 - Citation — definitions — immunity from liability for claims relating to weight gain or obesity, when, exceptions — petition, contents — effective date.

Section 537.600 - Sovereign immunity in effect — exceptions.

Section 537.602 - Supervision of community service work, immunity from liability, when — definitions — community service work not deemed employment and worker not an employee.

Section 537.610 - Liability insurance for tort claims may be purchased by whom — limitation on waiver of immunity — maximum amount payable for claims out of single occurrence — exception — apportionment of settlements — inflation — penalties.

Section 537.615 - Liability of state increase to apply, when.

Section 537.620 - Political subdivisions may jointly create entity to provide insurance — entity created not deemed an insurance company or insurer.

Section 537.625 - Procedure to form insurance entity.

Section 537.630 - Director to approve articles and issue license.

Section 537.635 - Entity to be treated as corporation — not to produce profit — may pay dividends, when.

Section 537.640 - Director to examine — renewal license fee — amendments to articles.

Section 537.645 - Director may take charge of entity, when.

Section 537.650 - Premium tax not required.

Section 537.675 - Tort victims' compensation fund established — definitions — notification of punitive damage award to attorney general, lien for deposit into fund — legal services for low-income people.

Section 537.678 - Percentage of fund to be used to assist uncompensated tort victims — filing of claims, procedure.

Section 537.681 - Eligibility requirements — waiver of certain requirements, when — incarcerated victim, procedure.

Section 537.684 - Filing of a claim, determining compensation, procedure — payment of claims.

Section 537.687 - Medical records submitted, when — violation, penalty.

Section 537.690 - Petition for review of a decision by the division filed with commission — judicial review permitted, when.

Section 537.693 - Right of subrogation, payment of a claim — division lien on any compensation received by claimant — rulemaking authority.

Section 537.700 - Public entity risk management fund established — definitions — who may participate.

Section 537.705 - Effect of participation in fund — use of funds, limits — board of trustees, duties — staff — board to be notified of claims, when — board may contract with independent insurance agents.

Section 537.710 - Board of trustees established — members, appointment, qualifications, terms, liability limited.

Section 537.715 - Board of trustees — officers.

Section 537.720 - Board, meetings — quorum — expenses.

Section 537.725 - Board — records — reports — principal office — seal.

Section 537.730 - Board — duties — rulemaking authority — subpoena power — prohibited activities.

Section 537.735 - Fund account, how maintained.

Section 537.740 - Insufficient contributions, assessment, abatement, deferral — retroactive application.

Section 537.745 - Construction of provisions.

Section 537.750 - Exhaustion of fund, claims to be prorated.

Section 537.755 - Fund money not available for certain purposes, exception.

Section 537.756 - Maximum amount payable from fund — how calculated.

Section 537.760 - Products liability claim defined.

Section 537.762 - Motion to dismiss, defendant whose only liability is as seller in stream of commerce requirements, procedure — order of dismissal to be interlocutory.

Section 537.764 - State of the art, defined — affirmative defense in cases of strict liability for failure to warn — burden of proof on party asserting defense — action for negligence, when.

Section 537.765 - Contributory fault as complete bar to plaintiff's recovery abolished — doctrine of comparative fault to apply — fault of plaintiff an affirmative defense to diminish damages — fault defined.

Section 537.785 - Citation of law — definitions.

Section 537.787 - Criminal or harmful acts, no duty of business to guard against, when — duty, affirmative defenses.

Section 537.850 - Citation of law — definitions.

Section 537.856 - Signage required — contract warning notice and language, contents — written description of activity required, when.

Section 537.859 - Immunity from liability, when — affirmative defense.

Section 537.1000 - Definitions.

Section 537.1005 - COVID-19 exposure, immunity from liability, when — assumption of risk, signage — no third-party liability, exceptions.

Section 537.1010 - Health care providers, immunity from liability, exceptions.

Section 537.1015 - Covered products, no COVID-19 products liability, when — evidence required for liability — inapplicability, when.

Section 537.1020 - Punitive damages, when.

Section 537.1035 - Expiration date — cause of action for COVID-19 exposure, health care services, or covered products created — statute of limitations.