Bhagvandoss v. Beiersdorf, Inc.

DONNELLY, Judge,

dissenting.

The principal opinion removes all doubt as to where the majority has taken us. It has turned its back on individual fault as a component in the products liability equation and has embraced a “theory of social fault [which] holds society responsible for compensating society’s victims through the agency of business corporations and casualty insurance companies.” Wettergreen, The Bird Court on the Law of Torts, 2 Benchmark 131, 133 (1986). See Sunstein, Naked Preferences and the Constitution, 84 Col.L.Rev. 1689 (1984).

I must respectfully dissent. See Mo. Const, art. Ill, § 1.