Quimbee logo
DMCA.com Protection Status
From our private database of 16,400+ case briefs...

Resch v. Volkswagen of America, Inc.

California Supreme Court
685 P. 2d 1178 (1984)


Resch (plaintiff) purchased a Volkswagen vehicle and sued Volkswagen of America, Inc. (Volkswagen) (defendant). Resch alleged that the vehicle had a design defect and a manufacturing defect, which caused injury to Resch. The jury returned three special verdicts. First, the jury unanimously determined that there was no design defect. Second, nine of the 12 jurors determined that there was a manufacturing defect. And third, 10 of 12 jurors determined that the manufacturing defect was not a substantial factor in causing Resch’s injuries. Only seven of the nine jurors from the second verdict joined in the third verdict, which meant that three of the 10 jurors who said the manufacturing defect was not a legal cause of Resch’s injury had found no manufacturing defect at all. Resch moved for a mistrial, arguing that the verdicts were logically inconsistent. Resch argued that nine identical jurors were required for the second and third verdicts because in order to join a verdict as to the manufacturing defect’s causation, a juror would also have to join the verdict as to the manufacturing defect’s existence. The trial court denied the motion, and Resch appealed.

Rule of Law


Holding and Reasoning (Broussard, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 375,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 16,400 briefs, keyed to 223 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial