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McMULLEN v. VOLKSWAGEN OF AMERICA

545 P.2d 117 (1976)

Michael W. McMullen, Personal Representative of the Estate of Maria Consuelo Reynolds, Appellant, v. VOLKSWAGEN OF AMERICA, a New Jersey Domestic Corporation, et al., Respondents. Richard Everett Reynolds, Personal Representative of the Estate of Frank Everett Reynolds, Appellant, v. VOLKSWAGEN OF AMERICA, a New Jersey Domestic Corporation, et al., Respondents. Robert S. Boucher, by and through His Guardian Ad Litem, Michael M. McMullen, Appellant, v. VOLKSWAGEN OF AMERICA, a New Jersey Domestic Corporation, et al., Respondents.

Supreme Court of Oregon, In Banc.

Decided January 22, 1976.

Attorney(s) appearing for the Case

Bruce W. Williams, Salem, argued the cause for appellants. With him on the briefs were Ralph C. Spooner, Daniel A. Ritter, Roy Harland, and Harland, Ritter & Haenny, Salem.

Malcolm F. Marsh, of Clark, Marsh & Lindauer, Salem, argued the cause for respondent Volkswagen of America. With him on the brief were Michael C. McClinton, Salem, and Herzfeld & Rubin, P.C. and Michael Hoenig, New York City. Also on the brief were Asa L. Lewelling, Salem, for respondent Eyerly Motors, Inc., and Jones, Lang, Klein, Wolf & Smith, Portland, for respondent Riviera Motors, Inc.

O'CONNELL, Chief Justice.

Three actions for personal injuries as a result of an automobile collision have been consolidated for the purpose of this appeal. The trial court sustained defendants' demurrers to plaintiffs' complaints and plaintiffs appeal.1 The facts are as follows:

Sometime prior to April 15, 1971, defendant Volkswagen of America sold a 1971 Volkswagen bus to defendant Riviera Motors, Inc., which in turn sold the...

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