KELLEY v. VOLKSWAGENWERK

No. 5899.

110 N.H. 369 (1970)

FRANCIS P. KELLEY, Adm'r v. VOLKSWAGENWERK AKTIENGESELLSCHAFT & a.

Supreme Court of New Hampshire.

July 20, 1970.


Attorney(s) appearing for the Case

Devine, Millimet, McDonough, Stahl & Branch and Stephen J. Spielman and E. Donald Dufresne (Mr. Spielman orally), for the plaintiff.

Sulloway, Hollis, Godfrey & Soden, for defendants Volkswagenwerk and Volkswagen of America, filed no brief.

Wadleigh, Langdell, Starr, Peters & Dunn and William C. Tucker (Mr. Tucker orally), for defendant Hansen-MacPhee Engineering Company, Inc.

Wiggin, Nourie, Sundeen, Nassikas & Pingree and William S. Orcutt and W. Wright Danenbarger (Mr. Orcutt orally), for defendant Hickox Motor Sales, Inc.


KENISON, C.J.

The principal issue in this case is whether the administrator of an estate can maintain an action for a breach of warranty which allegedly caused the death of the decedent. See Note, Breach of Warranty as a Basis for a Wrongful Death Action, 51 Iowa L. Rev. 1010 (1966); Annot., 86 A.L.R.2d 316.

Edward P. Kelley, the minor son of the plaintiff, was killed when the new Volkswagen which he was driving overturned on Route 101 in Candia, New...

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