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WILSON v. VOLKSWAGEN OF AMERICA, INC.

No. 76-1883.

561 F.2d 494 (1977)

John W. WILSON, Appellee, v. VOLKSWAGEN OF AMERICA, INC., a New York Corporation and Volkswagenwerk, A. G., a Foreign Corporation, Wolfsburg, Western Germany, Appellants.

United States Court of Appeals, Fourth Circuit.

Decided August 15, 1977.

Attorney(s) appearing for the Case

John S. Battle, Jr., Richmond, Va. (John M. Oakey, Jr., Alexander H. Slaughter, William H. Robinson, Jr., McQuire, Woods & Battle, Richmond, Va., on brief), for appellants.

Henry H. Wallace, Pittsburgh, Pa. (William Peter Chapas, Russell J. Ober, Jr., Wallace, Chapas & Ober, Pittsburgh, Pa., Stuart W. Settle, Richmond, Va., on brief), for appellee.

Before HAYNSWORTH, Chief Judge, and BUTZNER and RUSSELL, Circuit Judges.

DONALD RUSSELL, Circuit Judge.

This is a products liability case. On the eve of its trial, default judgment on liability was ordered by the District Court against the defendants-manufacturers under Rule 37(b), Fed.R.Civ.P., 28 U.S.C., on the basis of a finding of failure to comply with an oral order in discovery.1 The District Court thereafter submitted the single issue of damages to a jury, and...

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