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SCHWARTZ v. VOLVO NORTH AMERICA CORP.

87-1272.

554 So.2d 927 (1989)

Joyce SCHWARTZ and Michael Schwartz v. VOLVO NORTH AMERICA CORPORATION and Aktiebolaget Volvo.

Supreme Court of Alabama.

Rehearing Denied November 17, 1989.

Attorney(s) appearing for the Case

James R. Pratt III and R. Ben Hogan III of Hogan, Smith, Alspaugh, Samples & Pratt, Birmingham, for appellants.

De Martenson and D. Alan Thomas of Huie, Fernambucq & Stewart, Birmingham, and Harry Cole of Hill, Hill, Carter, Franco, Cole & Black, Montgomery, for appellees Volvo North America Corp., Aktiebolaget Volvo and Volvo Car Corp.

Arthur H. Bryant, Washington, D.C., for amicus curiae Trial Lawyers for Public Justice, and D. Leon Ashford of Hare, Wynn, Newell & Newton, Birmingham, for amicus curiae Alabama Trial Lawyers Ass'n, in support of appellants.

William H. Crabtree and Edward P. Good, Detroit, Mich., and Charles H. Lockwood II and John T. Whatley, Arlington, Va., and Paul M. Bator, Stephen M. Shapiro, Kenneth S. Geller and Kathryn A. Oberly of Mayer, Brown & Platt, Chicago, Ill., for amici curiae The Product Liability Advisory Council, Inc., The Auto. Importers of America, Inc., and the Motor Vehicle Manufacturers Ass'n of the U.S., Inc.

PER CURIAM.

Plaintiffs, Joyce Schwartz and Michael Schwartz, appeal from the summary judgment entered in favor of Volvo North America Corporation and Aktiebolaget Volvo ("Volvo") on their claim, under the Alabama Extended Manufacturer's Liability Doctrine, that their Volvo automobile was not crashworthy due to Volvo's failure to incorporate into its design a reasonable passive restraint system—specifically, an air bag.

In December 1986, the Schwartzes...

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