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MISTICH v. VOLKSWAGEN OF GERMANY, INC.

No. 95 C 0939.

666 So.2d 1073 (1996)

Patricia Ann MISTICH, et al. v. VOLKSWAGEN OF GERMANY, INC., et al.

Supreme Court of Louisiana.

January 29, 1996.

Attorney(s) appearing for the Case

J. Thomas Anderson, Hammond, John Vance Robichaux, Jr., New Orleans, Walter Landry Smith, Baton Rouge, Glenn Edward Diaz, Chalmette, for Applicant.

Robert E. Winn, Joy Goldberg Braun, Sharon C. Mize, Sessions & Fishman, New Orleans, David Joseph Bourgeois, Duplass, Witmann, Zwain & Williams, Metairie, for Respondent.

Henry B. Alsobrook, Jr., Joel L. Borrello, Robert J. Conrad, Jr., Shannan L. Boudreaux, New Orleans, for amicus curiae Product Liability Advisory Counsel.

William Hector Howard, III, New Orleans, Harry Alston Johnson, III, Shreveport, Arthur H. Andrews, William S. McKenzie, Baton Rouge, for amicus curiae La. Ass'n of Defense Counsel.

JOHNSON, Justice.1

On October 8, 1986 Carmen Mistich was a passenger in a Volkswagen automobile that was rear-ended by a pickup truck. Her heirs filed this lawsuit in the 34th Judicial District Court, for the Parish of St. Bernard against several defendants including Volkswagen of Germany and Volkswagen of America (hereafter Volkswagen). In their original answer, Volkswagen filed a cross-claim and named both the pickup truck driver, James...

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