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Trull & Associates v. Volkswagen of America

9/28/2000

sible, the plaintiffs must prove only "that a design defect was a substantial factor in producing damages over and above those which were probably caused as a result of the original impact or collision." Polston, 423 S.E.2d at 662. If the plaintiffs meet this burden, the burden of proof shifts to the defendants to apportion the damages between them. See id.


Remanded.


DALIANIS, J., concurred; GROFF, MANGONES, and MOHL, JJ., superior court justices, specially assigned under RSA 490:3, concurred.




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