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MARTIN v. VOLKSWAGEN OF AMERICA, INC.

No. 82-1559.

707 F.2d 823 (1983)

David MARTIN, Administrator of the Estate of Sandra Martin and J. Ben Morrow, Administrator of the Estate of Michael Edward Garris, Appellees, v. VOLKSWAGEN OF AMERICA, INC., a corporation; Volkswagenwerk, A.G., a/k/a Volkswagenwerk Aktiengesellschaft, a corporation; and Does 1 through 35, Inclusive, Appellants.

United States Court of Appeals, Fourth Circuit.

Decided June 3, 1983.

Attorney(s) appearing for the Case

Harry C. Hewson, Charlotte, N.C. (Hunter M. Jones, Jones, Hewson & Wollard, Charlotte, N.C., Michael Hoenig, Myron Shapiro, Herzfeld & Rubin, P.C., New York City, on brief), for appellants.

John B. Walters, Charlotte, N.C. (Thomas T. Downer, Charlotte, N.C., Mark Robinson, Robinson, Robinson & Spencer, Newport Beach, Cal., on brief), for appellees.

Before HALL, PHILLIPS and MURNAGHAN, Circuit Judges.

PER CURIAM:

In this diversity action, appellees brought suit to recover damages for the wrongful deaths of their decedents as a result of the alleged failure of Volkswagen of America, Inc., and Volkswagenwerk A.G. (VW) to design a crashworthy vehicle. VW moved for dismissal and summary judgment on the grounds that the collision was not caused by any design defect. The district court concluded that this Court's decision in Wilson v. Ford Motor Company,

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