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California Civil Procedure, Keyed to Levine, 6th Ed.
Resch v. Volkswagen of America, Inc.
Citation:
36 Cal. 3d 676, 205 Cal. Rptr. 827, 685 P. 2d 1178 (1984)Facts
Evelyne Elizabeth Resch brought a personal injury action against Volkswagen of America, Inc. and others following an automobile accident involving her 1967 Volkswagen. The case was submitted to the jury through special verdicts addressing whether there was a design defect, whether there was a manufacturing defect, and whether any defect was a substantial factor in causing plaintiff’s injuries. The jury poll revealed that all twelve jurors agreed there was no design defect, nine of twelve found a manufacturing defect existed, and ten of twelve found the defect was not a substantial factor in causing the injuries. However, only seven of the ten jurors who found no causation had also found there was a defect; the remaining three had concluded there was no defect at all.
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