MITCHELL v. VOLKSWAGENWERK, AG

No. 81-1244.

669 F.2d 1199 (1982)

John C. MITCHELL and Charles E. Mitchell, Appellants, v. VOLKSWAGENWERK, AG, a West Germany corporation, and Volkswagen of America, Inc., a New Jersey corporation, Appellees, v. Lee MOCKENHAUPT.

United States Court of Appeals, Eighth Circuit.

Decided February 8, 1982.

Rehearing and Rehearing Denied June 8, 1982.


Attorney(s) appearing for the Case

David F. Fitzgerald, argued, Roger R. Roe, Jr., Stephen J. Smith, Minneapolis, Minn., for appellants; Rider, Bennett, Egan & Arundel, Minneapolis, Minn., of counsel.

Gray, Plant, Mooty & Bennett, Richard A. Bowman, argued, Hildy B. Linehan, Minneapolis, Minn., for appellees Volkswagenwerk, AG, and Volkswagen of America, Inc.

Before LAY, Chief Judge, McMILLIAN, Circuit Judge, and HUNTER, Senior District Judge.


Rehearing and Rehearing En Banc Denied June 8, 1982.

LAY, Chief Judge.

This is a diversity case governed by Minnesota law. The legal difficulties arise under a "second collision" case involving an automobile accident which occurred near Moorhead, Minnesota, on October 14, 1967. John and Charles Mitchell appeal from the judgment on the verdict which apportioned damages between the driver of the car and the manufacturer of the vehicle. Plaintiffs assert the...

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