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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.
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
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.
James R. Locke-Accident Reconstruction
Dr. David Feltoon - Psychologist
Dr. Stephen A. Batzer – Sr. Forensic Engineer
Dr. Gene Trevino - Economist
Dr. Joseph Burton - Biomechanics
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 firstname.lastname@example.org
Francisco Guerra, IV 210-527-0500 email@example.com
William J. Maiberger, Jr. 210-527-0500 firstname.lastname@example.org