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ROSSELL v. VOLKSWAGEN OF AMERICA

No. 1 CA-CIV 5589.

147 Ariz. 176 (1984)

709 P.2d 533

Phyllis A. ROSSELL, Guardian ad litem of Julie Ann Kennon, a minor, Plaintiff-Appellee, v. VOLKSWAGEN OF AMERICA, a corporation; Volkswagenwerk, A.G., a corporation; Black Corporations I through V, Defendants-Appellants.

Court of Appeals of Arizona, Division 1, Department D.

August 30, 1984.

Attorney(s) appearing for the Case

Shernoff, Wild, Lipsky & Batchelor by Gary V. Wild, Claremont, Cal., Mallery, Stern & Wulford by Richard C. Mallery, Claremont, Cal., Peter G. Dunn, Phoenix, for appellee.

Fennemore, Craig, von Ammon, Udall & Powers, P.C. by Philip E. von Ammon, Ruth V. McGregor and Nancy L. Rowen, Phoenix, for appellants.

OPINION

EUBANK, Judge.

This is a negligent design of a 1958 Volkswagen battery system case. The battery system of the vehicle involves the battery, its location within the vehicle, the battery cover, and the battery restraint.

Following the trial, the jury returned its verdict in favor of appellee Julie Ann Kennon against appellant Volkswagen for $1,500,000. Volkswagen moved for a judgment notwithstanding the verdict, or, in the alternative, a new...

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