Torts I - Mitchell v. Volkswagenwerk, A.G.: Apportioning Damages in a Second Collision Case

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Authors
Stroo, Theadora Bosscher
Issue Date
1983
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INTRODUCTION|In 1968, the Eighth Circuit Court of Appeals rendered a landmark decision which held automobile manufacturers liable for injuries enhanced by a defective design, even though the design did not cause the initial car accident. The case, Larsen v. General Motors Corp., is today considered the principal supporting precedent for imposition of liability on manufacturers for enhanced injuries due to a defective design. The Larsen decision, however, did not address the issue of whether the trier of fact should in all cases apportion the damages, and if apportionment would be required, which party should bear the burden of proof of apportionment...
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16 Creighton L. Rev. 1169 (1982-1983)
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Creighton University School of Law
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