Rossell v. Volkswagen of America
Arizona Supreme Court
709 P.2d 517 (1985)
Phyllis Rossell (plaintiff) crashed her 1958 Volkswagen Beetle after falling asleep at the wheel, dislodging and fracturing the passenger-compartment battery, which then dripped sulfuric acid onto her eleven-month-old daughter, Julie, causing serious burns. Rossell sued Volkswagen (defendant) for negligent design, presenting two experts who testified that manufacturers generally placed batteries in the engine compartment rather than the passenger compartment; the jury awarded $1.5 million, but the court of appeals reversed, holding Rossell needed expert testimony specifically establishing that Volkswagen deviated from the standard of care a reasonable 1958 designer would have followed.
Whether expert testimony is required in a products-liability case to prove that a manufacturer's negligent design of a battery compartment presented a foreseeable and unreasonable risk of harm.