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TRULL v. VOLKSWAGEN OF AMERICA

No. 99-441.

145 N.H. 259 (2000)

ELIZABETH TRULL & a. v. VOLKSWAGEN OF AMERICA, INC. & a.

Supreme Court of New Hampshire.

September 28, 2000.

Attorney(s) appearing for the Case

Swartz & Swartz, of Boston, Massachusetts (Edward M. Swartz & a. on the brief, and David P. Angueira orally), for the plaintiffs.

Brown, Olson & Wilson, P.C., of Lebanon (Howard B. Myers on the brief and orally), for the defendants.

NADEAU, J.

The United States Court of Appeals for the First Circuit (Coffin, Senior Circuit Judge) has certified the following question of law, see SUP. CT. R. 34:

Under New Hampshire law, in a crashworthiness or enhanced injury case, does the plaintiff bear the burden of demonstrating the specific nature and extent of the injuries attributable to the manufacturer, or does the burden of apportionment fall on the defendant once the plaintiff...

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