Gentry v. Volkswagen of Am

In Gentry v. Volkswagen of Am., 238 Ga. App. 785 (521 SE2d 13) (1999), the Gentrys alleged that their child was killed as a result of Volkswagen's defective design of its passive restraint system. In addition to tort claims, the Gentrys also asserted a RICO claim against Volkswagen. Id. at 790 (2). The predicate acts asserted in support of the RICO claim included an alleged violation of 16-10-20, based on Volkswagen's purported misrepresentations to the National Highway Transportation Safety Administration ("NHTSA"), that its passive restraint system complied with certain NHTSA regulations. Id. The Court found that the Gentrys could not prove a violation of OCGA 16-10-20, reasoning that the statute's application is limited to statements or representations made to state or local government about matters within its jurisdiction . . . and all of the allegations of fraud and misrepresentation concern statements and representations made to the . . . NHTSA, a federal agency, about compliance with NHTSA's regulations. Volkswagen's compliance with those regulations is a matter outside the jurisdiction of state or local government. Id. at 790-791 (3).