Summary
noting that, in 1973, "the Governor favored the proposed legislation insofar as it provided that recovery for wrongful death, which up to that time was determined on a punitive basis, would be compensatory"
Summary of this case from Heinrich ex Rel. Heinrich v. SweetOpinion
June 10, 1987.
Warranty. Negligence, Manufacturer of motor vehicle. Motor Vehicle, Defect. Damages, Wrongful death.
Lane McGovern ( Jerome M. Leonard James L. Sigel with him) for the defendants.
Michael J. Flynn ( Thomas Hoffman with him) for the plaintiff.
Richard P. Campbell, Timothy Wilton, Charles K. Mone, William H. Crabtree Edward P. Good, for Product Liability Advisory Council, Inc., another, amici curiae, submitted a brief.
We granted the defendants' application for further appellate review, following an opinion of the Appeals Court which, with certain relatively minor adjustments (with which this court agrees), affirmed a judgment in favor of the plaintiffs. MacCuish v. Volkswagenwerk, A.G., 22 Mass. App. Ct. 380 (1986).
Justice O'Connor has recused himself in this case. The judgment of the Superior Court is to be modified in accordance with the opinion of the Appeals Court, and, as so modified, is affirmed by an equally divided court.
So ordered.