Siegel v. Stahlfield

64 Pa. D. & C.2d 132, 1973 Pa. Dist. & Cnty. Dec. LEXIS 70
CourtPennsylvania Court of Common Pleas, Alleghany County
DecidedNovember 15, 1973
Docketno. 639
StatusPublished

This text of 64 Pa. D. & C.2d 132 (Siegel v. Stahlfield) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Alleghany County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Siegel v. Stahlfield, 64 Pa. D. & C.2d 132, 1973 Pa. Dist. & Cnty. Dec. LEXIS 70 (Pa. Super. Ct. 1973).

Opinion

DOYLE, J.,

This matter is before the court en banc on a motion for summary judgment filed by Volkswagen of America, Inc. (VWA) under Pennsylvania Rules of Civil Procedure 1035 and on preliminary objections (petition raising question of jurisdiction) filed by Volkswagenwerk AG (VWAG) under Pa. R.C.P. 1017(b)(1). Both corporations have [134]*134been impleaded as additional defendants by Joan S. Stahlfield, the original defendant.

VWAG is a corporation organized and existing under the laws of the Federal Republic of Germany, with its principal office and manufactory in Wolfsburg, Germany, where it assembles motor vehicles (cars). VWAG is not registered to do business, and maintains no office or place of business, in the Commonwealth of Pennsylvania. VWA is a corporation organized and existing under the laws of the State of New Jersey, with its principal office in Englewood Cliffs, N.J. VWA is not registered to do business, and maintains neither business offices nor personnel in Pennsylvania.

VWAG makes contracts in Germany with other corporations, e.g., VWA, VWI,1 etc. and sells its cars in Germany to VWA, VWI, etc., all of which purchasing corporations are incorporated in nations other than Germany. However, all of the shares of capital stock of VWA, VWI, etc., are owned by VWAG.

The cars are then shipped from Germany to VWA, VWI, etc. VWA is the exclusive United States of America (USA) importer of Volkswagen cars. After their arrival in USA, VWA sells the cars to 14 wholesale distributing corporations. These distributors take title to the cars at the delivery point and sell and reship the cars to independent dealer-corporations which sell the cars in the retail market. All of capital stock of the wholesale distributing corporations and of the retail-dealer corporations is owned by citizens of USA who are unrelated to either VWAG or VWA. See Delagi v. Volkswagenwerk AG, 29 N.Y. 2d 426 (1972).

A certain 1962 model Volkswagen Type I Sedan bearing chassis number 4 757 844 (the Stahlfield car) was manufactured in Germany by VWAG and sold by VWAG on June 14, 1962, to Volkswagen Interameri[135]*135cana S.A. (VWI)2, a corporation organized and existing under the laws of Mexico, and a Volkswagen importer having its principal place of business in Mexico City, Mexico.3 During June of 1962, while in Aruba, Netherlands Antilles, Donald Stahlfield (original defendant’s husband) purchased the Stahlfield car new from Aruba Volkswagen Namloose Verschoopschaps, N.V.4 (Aruba VW), a retail-dealer corporation organized and existing under the laws of the Netherlands. During December of 1962, the Stahlfield car, at the instance of Donald Stahlfield, was transported by ocean freighter to the port of New York, U.S.A., and there delivered to Donald Stahlfield who transported it to Glenshaw, Pa. where he resided with his wife, the original defendant, Joan S. Stahlfield.

On February 22, 1972, nine and one-half years and 80,000 miles later, Joan S. Stahlfield was operating the Stahlfield car in a westerly direction on Burchfield Ptoad, Shaler Township, Allegheny County, Pa., when, she alleges, a mechanical defect caused the brakes to malfunction, resulting in a rear end collision with a car operated by one of the plaintiffs, Valerie Seigel. On April 17, 1972, plaintiffs filed a complaint in trespass against Joan Stahlfield to recover money damages for personal injuries allegedly resulting from that collision.

On August 11, 1972, Joan Stahlfield impleaded VWAG and VWA5 as additional defendants, alleging [136]*136that one or both of these corporations was the vendor, or were the vendors of the Stahlfield car and strictly liable to plaintiffs, or jointly liable with Joan Stahlfield to plaintiffs, or liable over to original defendant Joan Stahlfield for any loss arising from the collision.

On October 2, 1972, Stahlfield petitioned the court for permission to obtain in personam jurisdiction over VWAG and VWA by making substituted service of process on each of them by serving the process upon the Secretary of the Commonwealth, averring that VWAG and VWA are foreign corporations and "are doing now or have done in the past, certain acts, including a systematic distribution of their product through franchised dealers to various places of business within this Commonwealth. Pecuniary benefits were derived by the defendant [sic] from said distribution.” On September 27, 1972, the court (Price, J.) authorized such service “pursuant to P. L. 703 sis 1 [sic] as amended 13 August 1963, 15 PS §2011.”6

On November 10 and 13, 1972, substituted service was made on VWA and VWAG, respectively, by serving the Secretary of the Commonwealth who delivered copies of all papers to VWA and VWAG by registered mail.

MOTION OF VWA FOR SUMMARY JUDGMENT

On January 4, 1973, VWA filed an answer to the impleading complaint and in its new matter denied that it was a vendor of the Stahlfield car. VWA avers that it: imports Volkswagen cars into U.S.A. only; has never imported Volkswagen cars into or through the Netherlands Antilles; was not a vendor of the Stahlfield car and could not be liable to plaintiffs or to the [137]*137original defendant under Restatement 2d, Torts, §402A (strict liability).

Original defendant’s complaint impleading VWA alleges that VWA sold the car to Joan Stahlfield. However, in his deposition, Donald Stahlfield testified that he purchased the car in the Netherlands Antilles from "Aruba VW.” In her reply to VWA’s new matter, the original defendant avers that she is “without sufficient information to admit or deny that VWA has never imported vehicles into the Netherlands Antilles.” This averment (Pa. R.C.P. 1029 (c)) is insufficient to prevent summary judgment from being granted in favor of VWA. In Bremier v. Volkswagen of America Inc., 340 F. Supp. 949 (D.D.C., 1972), involving strikingly similar facts, VWA filed a motion for summary judgment under Fed. R.C.P. §56(e).7 In granting the motion the court wrote:

“Plaintiffs have failed to show, by affidavit or otherwise, how defendant [VWA] is other than a complete stranger to the transactions and occurrences underlying this law suit. . . defendant VWAG has submitted a sworn affidavit showing it never sold the car in question, or any car of the same model to [VWA], which is thus not in the chain of title beginning with VWAG and ending with [the owner of the vehicle at the time of the accident]. Under these circumstances, plaintiffs’ assertion does not constitute the setting forth of specific facts, as required by Fed. R. Civ. P. §56(e). Indeed, had plaintiffs gone further and stated they believed defendant [VWA] had dealings with the vehicle, such statement would have been insufficient as 'an assertion which is unsupported by the facts or any evidence submitted’ or an assertion which was 'at best a belief.’ (citations omitted).” (Page 950.)

[138]*138VWA urges that it had no connection whatever with the manufacture, sale, servicing or delivery of the Stahlfield car. Its motion is supported by the affidavit of Von Htilsen (of VWAG) and the deposition of the purchaser of the car, Donald Stahlfield.

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Related

International Shoe Co. v. Washington
326 U.S. 310 (Supreme Court, 1945)
Bremier v. Volkswagen of America, Inc.
340 F. Supp. 949 (District of Columbia, 1972)
Benn v. Linden Crane Co.
326 F. Supp. 995 (E.D. Pennsylvania, 1971)
Wilk v. Ensign-Bickford Co.
218 A.2d 778 (Supreme Court of Pennsylvania, 1966)
Nettis v. Di Lido Hotel
257 A.2d 643 (Superior Court of Pennsylvania, 1969)
Myers v. Mooney Aircraft, Inc.
240 A.2d 505 (Supreme Court of Pennsylvania, 1967)
Delagi v. Volkswagenwerk AG of Wolfsburg
278 N.E.2d 895 (New York Court of Appeals, 1972)
Scafati v. Bayerische Motoren Werke AG
53 F.R.D. 256 (W.D. Pennsylvania, 1971)
Gorso v. Bell Equipment Corp.
330 F. Supp. 834 (W.D. Pennsylvania, 1971)
Gorso v. Bell Equipment Corp.
476 F.2d 1216 (Third Circuit, 1973)

Cite This Page — Counsel Stack

Bluebook (online)
64 Pa. D. & C.2d 132, 1973 Pa. Dist. & Cnty. Dec. LEXIS 70, Counsel Stack Legal Research, https://law.counselstack.com/opinion/siegel-v-stahlfield-pactcomplallegh-1973.