Moisenko v. Volkswagenwerk Aktiengesellschaft

OPINION

ENSLEN, Chief Judge.

This diversity action arises out of an automobile accident in which it is alleged that a design or manufacturing defect in the rear door latch of a Volkswagen Euro-Van caused the death of Jutta Moisenko. Defendant Volkswagen Aktiengesellschaft (“Volkswagen”) is the manufacturer and designer of the Volkswagen EuroVan. Plaintiff George Moisenko, husband of the decedent, brings this action as the personal representative of Mrs. Moisenko’s estate, and individually.

Procedural Background

In an Opinion issued in September 1998, this Court excluded the testimony of Mr.…