Becker

On November 9, 1973, Martin Becker commenced an action against defendant Volkswagen of America, Inc., seeking to recover damages for personal injuries which he allegedly sustained as a result of the defective manufacture of his 1969 Volkswagen Karman Ghia automobile. In his complaint, plaintiff alleged that he had purchased the car on or about June 13, 1969, and that on or about February 24, 1970, when he was driving the car, fuel" vapors entered the passenger compartment of the car from the gas tank area, rendered him unconscious and caused .him to drive his car off the road. It was further alleged that the cause of the accident was not known until August 31, 1973, at which time plaintiff learned from defendant of the defective condition of the car and the fact that the accident had been caused by the escaping fuel vapors.

Plaintiff’s complaint was framed in two counts, based upon express and implied warranty. The first count alleged that defendant had expressly warranted to plaintiff and other members of the general public that the 1969 Volkswagen Karman Ghia was safe for its intended use as a passenger vehicle and that it had been manufactured, designed, tested and…