Volkswagenwerk Aktiengesellschaft V Schlunk

486 U.S. 694 (1988)

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Nature of the Case

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Facts

Schlunk's (P) parents were killed in an auto accident in 1983. P filed a wrongful death action on their behalf in the Circuit Court of Cook County. P alleged that Volkswagen of American (VWoA; D), Inc. had designed and sold the auto that his parents were driving and that defects in that car caused their deaths. P served D, but they answered denying that they designed or assembled the car. P amended the complaint to add Volkswagen Aktiengesellschaft (VWAG; D2). D2 filed a limited appearance for quashing service in that it could only be served according to the Hague Service Convention requirements. That motion was denied based on the fact that D was a wholly owned subsidiary of D2. The appeals court determined that D was D2's agent for service of process under Illinois law and that the service of process did not violate the Hague Service Convention. The Supreme Court granted certiorari.