Sheryl Lynne Allen and Edwin Allen v. Volkswagen of America, Inc., a Corporation and Volkswagenwerk Aktiengesellchaft, a Foreign Corporation

This appeal presents the question whether the court below, sitting in diversity, erred in “borrowing” the statute of limitations of California — the state where the cause of action arose — rather than applying the statute of limitations of New Jersey— the forum state. The district court improperly applied the governing state rules in reaching its decision to borrow the California statute. Nevertheless, we are convinced that the California statute should control. Therefore, we affirm.

I

Sheryl Lynne Allen, a resident of California was injured in an automobile accident on September 20, 1973. On…