Raynolds v. Volkswagenwerk Aktiengesellschaft

Plaintiffs appeal from an order granting defendant’s motion to dismiss for failure to bring the action to trial within two years after the complaint was filed (Code Civ. Proc., § 583), 1 and from a judgment entered after the sustaining of a demurrer without leave to amend.

Statement of the Case

In 1956 John Raynolds and Carl Voss were partners franchised to sell and service Volkswagen vehicles manufactured by defendant. On or about May 7, 1956, one Nicholas Bagileo, who was a passenger in a Volkswagen automobile which Raynolds and Voss had sold to Bagileo’s employer, was seriously injured when…