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Volkswagen of Am. Inc. v. Gentry

The Court of Appeals' ruling that federal law preempted the plaintiffs' complaint that Volkswagen's failure to include a lap belt was a design defect did not preclude plaintiff's assertion that Volkswagen's particular two-point passive restraint system design did not comply with federal safety standards.

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On February 18, 1989, Lori Gentry, the 16-year-old daughter of Ralph and Sandra Gentry, was riding in the right front passenger seat of a 1981 Volkswagen Rabbit when it was struck by another car. The Rabbit was equipped with a fully passive restraint system consisting of a diagonal two-point shoulder belt, a ramped seat and a knee bolster the “VWRA system”. The VWRA system had no lap belt; rather the ramped seat and the knee bolster were intended to restrain the lower body. This kind of system is known as a two-point passive restraint system.

Lori Gentry was using the VWRA system at the time of the collision and suffered serious liver injuries. She died approximately six hours after the collision. Her parents, individually and as administrators of their daughter’s estate, filed a wrongful death action against Volkswagen of America, Inc. and Volkswagen AG.1

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