Bendorf v. Volkswagenwerk Aktiengeselischaft

SUTIN, Judge (specially concurring).

I concur in the result.

Plaintiff sued defendant, the manufacturer of plaintiff’s automobile, for injuries sustained by plaintiff in an automobile collision with a third party. Plaintiff appeals from a judgment for defendant.

A. Position of the Parties on Strict Tort Liability

Plaintiff claimed that the collision occurred because of a defect in the seat assembly of the automobile, which defect caused him to lose control of the car. The defendant denied this claim but it also asserted an affirmative defense of conventional contributory negligence in the…