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Greiner v. Volkswagenwerk AG

United States District Court for the Eastern District of Pennsylvania

429 F. Supp. 495 (1977)

Relevant factsFree

Thelma Greiner (plaintiff) was injured when the car she was riding in, manufactured by Volkswagen (defendant), rolled over after the driver, facing an imminent head-on collision with a concrete bridge railing at 30-60 mph, swerved sharply to avoid it; Greiner sued for products liability, alleging Volkswagen failed to warn of the car's propensity to roll over on sharp turns, but the district court declined to instruct the jury on this failure-to-warn theory, the jury found for Volkswagen, and Greiner appealed the court's refusal to submit the failure-to-warn claim, with the court of appeals vacating and remanding.

IssueFree

Whether a manufacturer may be held liable for failure to warn of a product's danger where the plaintiff cannot prove that the absence of a warning actually caused the resulting injury.

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