Products Liability in Missouri

Guide to: Egelhoff v. Holt, 875 S.W.2d 543 (1994)

What is the procedural history?

What was the product and the defect?

How was plaintiff injured and what were her claimed injuries?

What were her two points on appeal?

What were Kero's points?

What is the problem with plaintiff's objections on comparative fault?

Was it proper to have only one comparative fault instruction for two defendants and two theories of liability?

Why?

What did Lippard say about comparative fault?

Why doesn't Lippard control?

What was the proffered instruction?

What are the 6 types of comparative fault in the statute?

What traditional defenses does these map to?

Which two defenses did Kero claim?

Why did Kero have to plead specific facts as part of the instruction?

What facts support plaintiff's fault?

Does defendant have to prove plaintiff had actual knowledge of the defect?

What was the video tape?

Why did defendant want the tape admitted?

Why did plaintiff object?

Was it salacious?

What was Kero's modification claim?

What does plaintiff claim is the defect?

Does the modification matter with regard to this defect?

When did this defect arise?