Resch v. Volkswagen of America, Inc.

Resch (plaintiff) sued Volkswagen of America, Inc. (Volkswagen) (defendant), alleging a design defect and a manufacturing defect in a vehicle caused Resch's injuries. The jury returned three special verdicts: unanimously finding no design defect, with nine of twelve jurors finding a manufacturing defect, and ten of twelve jurors finding that manufacturing defect was not a substantial factor causing Resch's injuries. Only seven of the nine jurors who found a manufacturing defect also joined the causation verdict, meaning three jurors who voted no manufacturing defect existed nonetheless voted that any such defect wasn't a cause of injury. Resch moved for a mistrial, arguing the verdicts were logically inconsistent because a juror shouldn't be able to vote on causation without first agreeing a defect existed; the trial court denied the motion, and Resch appealed.