DAY v. VOLKSWAGENWERK, ETC.


318 Pa.Super. 225 (1983)

464 A.2d 1313

Norman D. DAY and Nancy V. Day, his wife, Appellants, v. VOLKSWAGENWERK AKTIENGESELLSCHAFT and Volkswagen of America, Inc. and Volkswagen Atlantic, Inc. and Towne Volkswagen, Inc., and Frank Paparo.

Supreme Court of Pennsylvania.

Filed August 19, 1983.

Petition for Allowance of Appeal Denied January 20, 1984.


Attorney(s) appearing for the Case

Carl N. Martin, II, Philadelphia, for appellants.

Stephen S. Phillips, Philadelphia, for Aktiengesellschaft, appellee.

Charles W. Craven, Philadelphia, for Volkswagen Atlantic, appellee.

Donald J. Sweeney, Philadelphia, for Towne, appellee.

Before BROSKY, WIEAND and CIRILLO, JJ.


WIEAND, Judge:

Does a state court action against a distributor and a retailer of an allegedly defective motor vehicle survive after an action in a federal court against the manufacturer and the importer has resulted in a final determination that the vehicle was not defective? The trial court held that the state court action was barred by res judicata and collateral estoppel and entered summary judgment in favor of the distributor and retailer. We affirm. Further proceedings...

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