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Date: 03-03-2005

Case Style: Rosanna Garcia and Arturo Guerrero, Jr. vs. Ford Motor Company v. Saul Guerrero, Jr. AND Maria Del Carmen Boddie vs. Ford Motor Company vs. Saul Guerrero, Jr.

Case Number: 03-07-10755-ZCVAJA and 03-06-10756-ZCVAJA

Judge: Amado J. Abascal, III

Court: 365th Judicial District , Zavala County, Texas

Plaintiff's Attorney: Plaintiffs, Rosanna Garcia and Arturo Guerrero, Jr.

Mikal Watts, Watts Law Firm, LLP Corpus Christi, TX, Francisco Guerra, IV, and William J. Maiberger, Jr., Watts Law Firm, LLP, San Antonio, TX

Plaintiff, Maria Del Carmen Boddie

Leo D. Figueroa; Law Offices of Frank Herrera, Inc.

Defendant's Attorney: Defendant Ford Motor Company

Thomas M. Klein, Jill S. Goldsmith, and Iman Soliman, Bowman and Brooke LLP, Phoenix, Arizona

Ronald Wamsted and Juan Alcala, Brown McCarroll, LLP, Austin, Texas

Adolfo Rodriguez, Jr., Rodriguez Law Firm, PC, Dallas, Texas

Gregory L. Schuck, Huie, Fernambucq & Stewart, Birmingham, Alabama

David Prichard, Prichard, Hawkins & Young, San Antonio, Texas

Eduardo Rodriguez, Rodriguez, Colvin & Chaney, LLP, Brownsville, Texas

3rd Party Defendant, Saul Guerrero, Jr.

Guy Allison, Corpus Christi, Texas

Description:

TYPE OF CASE: Product Liability automotive design/occupant containment, occupant protection

On May 31, 2003, Saul Guerrero was driving a 2000 Ford Explorer XLS on FM RD 582, in Zavala County, Texas. Corina Garcia and Arturo Guerrero, Jr., were passengers in the vehicle. Suddenly and without notice, the road changed from asphalt pavement to caliche causing the vehicle to lose control. The vehicle went into a side skid and rolled over. During the rollover, the door glass of the vehicle shattered, leaving openings/ejection portals for the vehicle occupants. Due to the defective nature of the vehicle's door glass, Corina Garcia and Arturo Guerrero, Jr., were ejected from the vehicle. Corina Garcia suffered severe injuries and died. Arturo Guerrero, Jr., was seriously injured in the accident.

Ford denied that is any credible evidence to support the claims that a vehicle defect caused the accident or the death and injuries. Ford asserted that driver's speeding caused the one-vehicle accident and that the deaths were caused by the women's failure to wear seat belts. Ford claimed that 99.9 percent of all vehicles made by all manufacturers, through the 2000 model year, had the kind of tempered glass used in the accident vehicle. It also defended the vehicle on the basis that the National Highway Traffic Safety Administration doesn't require laminated glass in side windows.

Outcome: The jury awarded $15 million each to the Alonzo and Garcia families; $500,000 to the third passenger, Arturo Guerrero Jr.; and $500,000 in punitive damages against Ford with a finding that Ford 90 was percent liable for the accident and assigned 10 percent of the responsibility to the driver.

Plaintiff's Experts:

James R. Locke-Accident Reconstruction

Dr. David Feltoon - Psychologist

Dr. Stephen A. Batzer Sr. Forensic Engineer

Dr. Gene Trevino - Economist

Dr. Joseph Burton - Biomechanics

Defendant's Experts:

Lee C. Carr-Mechanical Engineer

Robert P. Rucoba-Accident Recon

Robert Piziali, Ph.D., P.E.-Biomechanical Eng.

Richard Morisson- Design Engineer

Debora R. Marth, Ph.D.- Design Engineer

Comments: For more information contact

Mikal C. Watts 361-887-0500 mcwatts@wattslawfirm.com

Francisco Guerra, IV 210-527-0500 fguerra@wattslawfirm.com

William J. Maiberger, Jr. 210-527-0500 wmaiberger@wattslawfirm.com



 
 
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