Opinion

Lippard v. Houdaille Industries, Inc.

  • 715 S.W.2d 491
  • 1986 Mo. LEXIS 322
Court
Supreme Court of Missouri
Filed
Aug 1, 1986
Status
Published
Author
Billings
On the bench
Snyder, Blackmar, Smith, Satz, Higgins, Billings, Rendlen, Robertson, Donnelly, Welliver
Cited by
75 cases

“We adhere to the view that distributors of ‘defective products unreasonably dangerous’ should pay damages for injuries caused by the products, without reduction because a plaintiff may have been guilty of a degree of carelessness"

How later courts described this case

  • “We adhere to the view that distributors of ‘defective products unreasonably dangerous’ should pay damages for injuries caused by the products, without reduction because a plaintiff may have been guilty of a degree of carelessness"
  • refusing to apply comparative fault principles to products liability actions
  • declining to apply comparative fault in a strict products liability case
  • " 'Fault' includes acts or omissions that are in any measure negligent or reckless"

Written by the judges who cited it.

Distinguished

  • Distinguished by Henderson v. Terminal Railroad Ass'n of St. Louis, 736 S.W.2d 590 (1987)

    While the appeal was pending, the Lippard decision, which held that comparative fault was inapplicable to strict products liability cases, was handed down thus resolving that issue on appeal and rendering a large portion of the Earll decision, including the above quoted passage, dicta.
    Missouri Court of AppealsSep 8, 1987Read it

The opinion

BILLINGS, Judge,

concurring.

I concur. I write only to quote the wisdom of Dean Pound:

The opinions of the judge of the highest court of a state are no place for intemperate denunciation of the judge’s colleagues, violent invective, attributings of bad motives to the majority of the court, and insinuations of incompetence, negligence, prejudice, or obtuseness of fellow members of the court.

* * # * * *

Constitutions and justice according to law are today under attack throughout the world_ Maintenance of our char *495 acteristic American constitutional-legal polity demands that the courts hold, as they have held in the past, the respect and confidence of the public. What amounts to attacks upon our courts from within, however well intentioned and motivated ... are highly unfortunate_

Roscoe Pound, Cacoethes Dissentiendi: The Heated Judicial Dissent, 39 Amer.B. Assn.J. 794 (1953).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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