Mitchell v. Volkswagenwerk, AG

LAY, Chief Judge.

This is a diversity case governed by Minnesota law. The legal difficulties arise under a “second collision” case involving an automobile accident which occurred near Moorhead, Minnesota, on October 14, 1967. John and Charles Mitchell appeal from the judgment on the verdict which apportioned damages between the driver of the car and the manufacturer of the vehicle. Plaintiffs assert the apportionment of damages is speculative and inconsistent with the evidence. Plaintiffs also assert that since the paraplegic injury which Mitchell suffered was indivisible, the defendants…