537.762. Motion to dismiss, defendant whose only liability is as seller in stream of commerce requirements, procedure--order of dismissal to be interlocutory.
Motion to dismiss, defendant whose only liability is as seller instream of commerce requirements, procedure--order of dismissal to beinterlocutory.
537.762. 1. A defendant whose liability is based solely onhis status as a seller in the stream of commerce may be dismissedfrom a products liability claim as provided in this section.
2. This section shall apply to any products liability claimin which another defendant, including the manufacturer, isproperly before the court and from whom total recovery may be hadfor plaintiff's claim.
3. A defendant may move for dismissal under this sectionwithin the time for filing an answer or other responsive pleadingunless permitted by the court at a later time for good causeshown. The motion shall be accompanied by an affidavit whichshall be made under oath and shall state that the defendant isaware of no facts or circumstances upon which a verdict might bereached against him, other than his status as a seller in thestream of commerce.
4. The parties shall have sixty days in which to conductdiscovery on the issues raised in the motion and affidavit. Thecourt for good cause shown, may extend the time for discovery,and may enter a protective order pursuant to the rules of civilprocedure regarding the scope of discovery on other issues.
5. Any party may move for a hearing on a motion to dismissunder this section. If the requirements of subsections 2 and 3of this section are met, and no party comes forward at such ahearing with evidence of facts which would render the defendantseeking dismissal under this section liable on some basis otherthan his status as a seller in the stream of commerce, the courtshall dismiss without prejudice the claim as to that defendant.
6. No order of dismissal under this section shall operate todivest a court of venue or jurisdiction otherwise proper at thetime the action was commenced. A defendant dismissed pursuant tothis section shall be considered to remain a party to such actiononly for such purposes.
7. An order of dismissal under this section shall beinterlocutory until final disposition of plaintiff's claim bysettlement or judgment and may be set aside for good cause shownat anytime prior to such disposition.
(L. 1987 H.B. 700 § 34)Effective 7-1-87