Doyle v. Volkswagenwerk Aktiengesellschaft

481 S.E.2d 518 (Ga. 1997)

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Nature of the Case

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Facts

Victoria Doyle (P) was driving her new 1989 Jetta when she was struck in the rear by another vehicle. P obtained an expert opinion that her injuries were caused by the Jetta's shoulder belt and absence of a lap belt, that is, that without a lap belt to absorb a portion of the impact force, a majority of that force was focused on P's right breast. The Jetta was manufactured by Volkswagenwerk Aktiengesellschaft (D) and imported and marketed by Volkswagen of America, Inc. (D1). Both the Jetta's driver's seat and front passenger seat were designed and equipped with automatic shoulder belts, but no lap belts. The Jetta utilized: (1) a torso shoulder belt with automatic locking retractor; (2) an energy absorbing knee bolster; (3) a specially designed anti-submarining seat; and (4) outboard seat belt anchorage. This fully passive restraint system was authorized under Federal Motor Vehicle Safety Standard 208. P sued for negligence, strict liability, and breach of implied warranty of fitness. D moved for summary judgment in that prior case law precluded recovery for negligently creating a defective condition when the vehicle manufacturer is in compliance with federal regulations. The district court granted D's motion for partial summary judgment. P appealed. The Eleventh Circuit agreed that the seat belt system complied with applicable federal standards governing automobile restraints. The Eleventh Circuit certified its question.