Krawitz

Facts and Procedural History

Linda Krawitz filed a complaint against Michael Rusch and others for personal injuries she received in an automobile accident in a products liability cause of action. Krawitz filed a first amended complaint which added a negligence cause of action against Rusch. The court sustained Rusch’s demurrer to the first amended complaint with leave to amend. The court sustained Rusch’s demurrer to the second amended complaint with leave to amend stating, “the allegations are so uncertain on how the Demurrant is supposed to be liable to plaintiff, a passenger, for the vehicle being sold by the Defendant without seatbelts or failing to warn the Plaintiff who is presumptively unknown to Defendant, or for having removed the seatbelts before Defendant sold the Volkswagen.”

The third amended complaint alleged that Rusch customized and restored a Volkswagen that he owned. While doing this, Rusch removed the factory-installed seatbelts. Rusch then sold the car to Charles Fisk with the knowledge that Fisk intended to allow his daughter, Lynette, who was 16 years old, to drive it. The complaint alleged that Rusch knew that Lynette was an inexperienced driver…