Nueces County Jury Finds 2000 Ford Expedition Defective
Nueces County, Texas -- A 2000 Ford Expedition, one of Ford Motor Company's most popular SUVs, was found to have a defectively designed occupant restraint system and occupant protection system. Specifically, the jury determined that the third row passenger rear glass glazing and the occupant restraint system of the vehicle was unreasonably dangerous as designed. The jury, after deliberating six (6) hours, determined that the 2000 Expedition did not provide safe occupant retention to consumers during a rollover sequence.
"Ford Motor Company has ignored the safety of its consumers for over thirty years," said Mikal C. Watts, lead attorney in the 17-day-long trial. "Ford knew that the use of tempered glass, and not laminated glass, created a dangerous environment for their consumers yet they continued to sell vehicles that were defectively designed."
The jury found the 2000 Ford Expedition was defectively designed, that it had a safer alternative design available that would prevent consumer's deaths and injuries and that Ford Motor Company ignored these safer alternative designs. The jury found that Ford Motor Company was 90% responsible for the death of Matthew Marroquin, a 10-year-old boy riding in the left rear seating position of the Ford Expedition. Ford utilized laminated safety glass in the side windows of all of its vehicles until the 1950's when it switched to tempered glass. Ford, after the switch from laminated glass to tempered glass, knew that the cheaper tempered glass did not protect the consumers from being ejected during rollovers accidents. "There are million of these vehicles that need to be recalled and retrofitted with laminated glass that won't shatter," said Watts.
This case revolved around a vehicular collision occurring on May 23, 2004. Plaintiff Matthew, deceased; Mikayala R. Marroquin, minor; Shelby Salinas, minor; Dominga C. Luna; Ramiro Salinas; and Rosita Salinas were passengers in the 2000 Ford Expedition. Plaintiff Carlos Marroquin was driving in the 10400 block of South Padre Island Drive when it was struck by a vehicle driven by Ruth Ellen Olson that ran a red light, striking the Expedition causing it to rollover one and one-quarter times. All of the plaintiffs were fully and properly restrained in their seatbelts. During the rollover the third row driver's side rear window glass shattered leaving the third row passenger compartment open and unprotected from side ejection. Matthew Marroquin, deceased, was ten (10) years old and was partially ejected through the unprotected side opening causing his head to be crushed between the vehicle and the ground. He sustained serious injuries which led to his death.
"It is time for Ford to do the right thing and either fix the problem or take the vehicles with tempered glass off the road," said James Hada. "Ford owes a duty to its customers to sell vehicles which will protect them in rollovers," he added.
"Ford's defense, as usual, was that the plaintiff's injuries were not due to any designed defect on their part," said Watts. "I think the jury recognized that Ford knew since the 1950's that there was a safer alternative and that they failed to protect their consumers. Their documents revealed that their engineers recommended a change to side laminated glass, but that management would not release the $500 million it would take to transform the assembly plants," he added.
Mikal C. Watts and his law firm have been at the forefront of defective product lawsuits throughout the nation. "This is the second Ford vehicle found defective this year as a result of Ford's decision not to incorporate the laminated glass from the front windshield into the side windows," Watts said. Watts was lead counsel for the Plaintiffs in Garcia v. Ford, where a jury returned a verdict against Ford earlier this year.
Evidence in the trial demonstrated that a the use of laminated glass, or enhanced protective glass, instead of tempered glass in the door windows would have prevented the death of Matthew Marroquin and the serious injuries of the plaintiffs. Ford could have easily provided laminated glass in the 2000 Ford Expedition which would have protected the plaintiffs from fatal and serious injuries.
Ford attorneys argued that the glass used in the 2000 Expedition met safety standards. However, they admitted that Ford uses laminated glass in its luxury vehicles. "This clearly shows that Ford is not concerned with safety when it comes to the average consumer," said Watts. "It would cost Ford a very minimal amount of money to use laminated glass which would afford protection to the average consumer," he added.
"Ford's defense was that everyone except Matthew Marroquin was properly belted. Ford argued that at the very instant that the impact occurred, Matthew had his belt fully extended but did not have it buckled." The jury rejected this frivolous defense.
Watts Law Firm, LLP, partners, Mikal Watts and James H. Hada tried the case for the plaintiffs. Ford Motor Company was represented at trial by attorneys from three law firms: William L. Mennucci and Michael Eady of Thompson, Coe, Cousins & Irons, L.L.P.; Janice O'Grady and Vadim Alden-Aladerdov Bowman & Brooke, L.L.P. in San Jose, California; Janell M. Adams of Bowman & Brooke, L.L.P. in Phoenix, Arizona; Jim Halbrooks, Jr. of Bowman & Brooke, L.LP. in Minneapolis, Minnesota; and Jamie Arturo Saenz of Rodriguez, Colvin, Chaney & Saenz in Brownsville, Texas. Ruth Ellen Olson was represented by Guy H. Allison of The Allison Law Firm.