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TRULL v. VOLKSWAGEN OF AMERICA, INC.

No. 98-1812.

187 F.3d 88 (1999)

Elizabeth TRULL, Nathaniel Trull, By His Father and Next Friend David Trull, David Trull, Individually and as Administrator of The Estate of Benjamin Trull, Plaintiffs, Appellants, v. VOLKSWAGEN OF AMERICA, INC., and Volkswagenwerk, A.G., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided July 22, 1999.

Order Denying Rehearing August 26, 1999.

Attorney(s) appearing for the Case

David P. Angueira with whom Edward M. Swartz, Alan L. Cantor, and Lisa V. Kaprielian were on brief for appellants.

Howard B. Myers with whom Bryan K. Gould was on brief for appellees.

Before SELYA, Circuit Judge, COFFIN, Senior Circuit Judge, and POLLAK, Senior District Judge.

COFFIN, Senior Circuit Judge.

In February 1991, David and Elizabeth Trull, and their two sons, Nathaniel and Benjamin, were traveling to Maine after a day of cross-country skiing in New Hampshire when their Volkswagen Vanagon slid on black ice and collided with an oncoming car. Benjamin, age 9, died in the accident, and Nathaniel, age 13, and Elizabeth suffered severe brain injuries. In this diversity products liability action, the Trulls seek damages from Volkswagen...

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