MacCUISH v. VOLKSWAGENWERK A.G.


22 Mass. App. Ct. 380 (1986)

494 N.E.2d 390

DONALD MacCUISH, administrator, vs. VOLKSWAGENWERK A.G. & another.

Appeals Court of Massachusetts, Middlesex.

June 20, 1986.


Attorney(s) appearing for the Case

Jerome M. Leonard (Lane McGovern, James L. Sigel, & Elizabeth Paine with him) for the defendants.

Michael J. Flynn (Thomas Hoffman with him) for the plaintiff.

Present: GREANEY, C.J., KAPLAN, & DREBEN, JJ.


DREBEN, J.

On March 17, 1980, fifteen year old Karen MacCuish, a passenger in a Volkswagen van, died of a fractured skull. Her father, as administrator of her estate, brought a wrongful death action (G.L.c. 229, § 2) against the defendant Volkswagen companies. A jury awarded the plaintiff $3,000,000 on theories of negligence and breach of warranty. In answer to special questions, the jury did not find gross negligence or wilful or reckless conduct on the part...

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