Williams v. Volkswagenwerk Aktiengesellschaft

Defendants and Appellants, Volkswagen of America, Inc. (VWOA), Marina Volkswagen (Marina) and Volkswagenwerk Aktiengesellschaft (VWAG) appeal from judgment entered on a verdict and from the denial of defendants’ motions for judgment notwithstanding the verdict.

Factual and Procedural Background

On May 15, 1976, respondent-plaintiff Elita Kim Williams (Williams) purchased a 1975 Volkswagen Dasher automobile which had been used as a demonstrator from Marina Volkswagen. She signed a used vehicle certificate. The odometer showed 8,740.3 miles.

During the early morning of April 2, 1977, after leaving a party where she drank a glass of wine, Williams lost control of her car after it was bumped on the right rear by an unidentified vehicle as it rounded a curve on Sunset Boulevard. The Dasher veered to the left, crossed the opposite lanes of travel, struck the opposite curb with such force that its underside was “totalled” and she sustained severe injuries, including massive facial fractures, lacerations, permanent indentation of the skull, damage to her eyes and brain damage.

Williams filed her original complaint on March 30, 1978. She sued “Defendant Doe I” for negligent…