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FRANK v. VOLKSWAGENWERK

105 Misc.2d 760 (1980)

Harry B. Frank et al., as Executors of Ned D. Frank, Deceased, et al., Plaintiffs, v. Volkswagenwerk of Wolfsburg Germany et al., Defendants.

Supreme Court, New York County.

October 16, 1980.

Attorney(s) appearing for the Case

Gair, Gair & Conason for Harry B. Frank and another, plaintiffs. David Arens for Patricia Linsell, plaintiff. Gantman, Cyperstein & Peckman for Volkswagen Bristol Motors, Inc., defendant and third-party plaintiff. Herzfeld & Rubin, P. C., for Volkswagenwerk, AG., and another, defendants. Greengold & Eckman for Worldwide Volkswagen Corp., defendant. Costello & Shea for Volkswagen of Five Towns, Inc., defendant. Mele & Cullen for Jimmy Jacobs, third-party defendant.

IRA GAMMERMAN, J.

ISSUE

Are postaccident design changes discoverable and admissible in products liability cases based on allegations of defective design?

FACTS

This action arises from a single vehicle accident which occurred on July 8, 1973, resulting in one death and one injury. Plaintiffs allege that the accident was caused by the defective design, manufacture and assembly of a 1972 Volkswagen van. Their claims are based...

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