ROSSELL V. VOLKSWAGEN OF AMERICA 709 P.2d 517 (1985) CASE BRIEF

ROSSELL V. VOLKSWAGEN OF AMERICA

709 P.2d 517 (1985)

NATURE OF THE CASE: Rossell (P) appealed a reversal of the trial court which held that P proved her prima facie case of negligence and proximate cause and which denied Volkswagen (D) judgment n.o.v.

FACTS: Julie, eleven-months-old, was sleeping in the front passenger seat of a 1958 Volkswagen driven by P, her mother. P fell asleep and when P awoke she attempted to correct the path of the car, but oversteered. The car flipped over, skidded off the road and landed on its roof at the bottom of a cement culvert. The battery was fractured and dislodged and for 7 hours it dripped sulfuric acid on Julie. She was severely burned her face, chest, arm, neck, part of her back and shoulder, and both hands. She remains seriously disfigured and in need of additional surgery. P sued D alleging negligent design of the battery system and strict liability for the defective design of the battery system, the heating system and for the propensity of the vehicle to roll over. P argued that battery placement within the passenger compartment created an unreasonable risk of harm and that alternative designs were available and practicable. D argued that it must comply with the standard of a reasonably prudent designer of automobiles and that knowledge of automobile design principles and engineering practices often is beyond the knowledge of laymen, so that plaintiff in a case such as this must produce expert testimony establishing the minimum standard of care and deviation therefrom in designing the automobile. P of course produced no such testimony expert or otherwise. P got the verdict for $1.5 million. The court denied j.n.o.v. D appealed and the court of appeals reversed. P appealed.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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