Kelley v. Volkswagenwerk Aktiengesellschaft

The principal issue in this case is whether the administrator of an estate can maintain an action for a breach of warranty which allegedly caused the death of the decedent. See Note, Breach of Warranty as a Basis for a Wrongful Death Action, 51 Iowa L. Rev. 1010 (1966 ); Annot., 86 A.L.R.2d 316.

Edward P. Kelley, the minor son of the plaintiff, was killed when tire new Volkswagen which he was driving overturned on Route 101 in Candia, New Hampshire on August 2, 1964. The decedent had purchased the automobile on April 1, 1964 from defendant, Hickox Motor Sales, Inc. The vehicle was manufactured…