MacCuish v. Volkswagenwerk A. G.

On March 17, 1980, fifteen year old Karen MacCuish, a passenger in a Volkswagen van, died of a fractured skull. Her father, as administrator of her estate, brought a wrongful death action (G. L. c. 229, § 2) against the defendant Volkswagen companies. A jury awarded the plaintiff $3,000,000 on theories of negligence and breach of warranty. In answer to special questions, the jury did not find gross negligence or wilful or reckless conduct on the part of the defendants and, accordingly, denied the plaintiff punitive damages under G. L. c. 229, § 2. The defendants raise numerous questions in…