Zavala County Jury Finds 2000 Ford Explorer Defective
Zavala County, Texas -- One of Ford Motor Company's most popular SUVs, the 2000 Explorer, was found to have a defectively designed occupant containment and occupant protection system. Specifically, the side door glazing of the vehicle was unreasonably dangerous as designed. The jury, after deliberating 6 hours, determined that the 2000 Explorer did not provide safe occupant retention to consumers during a rollover sequence.
"Ford Motor Company owes a duty to its consumers to sell vehicles that protect them in rollovers," said Mikal C. Watts, lead trial attorney in the eight day trial. "Ford has ignored safety concerns for over 30 years by continuing to use tempered glass; not laminated glass.
"The jury found the 2000 Ford Explorer was defective in its design, that it ignored readily available safer alternative designs that would have prevented the injury, and that Ford Motor Company was 90% responsible for the death and injuries to Plaintiffs. The design defect in side glass of the Explorer is especially troubling since Ford utilized laminated safety glass in the side windows of all its vehicles until the 1950's and recognized soon after it switched to the cheaper, tempered glass that occupants were being ejected through the side windows during rollover accidents. "Millions of these vehicles need to come off the road to protect customers," Watts said. "Ford needs to recall its sport utility vehicles, which are more prone to rollovers, and retrofit them with laminated glass that won't shatter," Watts argued.
The case revolved around a vehicle rollover in May of 2003. Corina Garcia, Diana Alonzo and Arturo Guerrero, Jr. were passengers in the 2000 Ford Explorer. The driver, Saul Guerrero, lost control when the road changed from asphalt pavement to caliche. The 2000 Explorer went into a side skid and rolled over at least two times. During the rollover, the side 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, Diana Alonzo and Arturo Guerrero, Jr., were ejected from the vehicle.
Watts Law Firm, L.L.P. represented Rosanna Garcia, the mother of Corina Garcia, deceased. Corina was the right front passenger, who was ejected through the right front window glass opening when the tempered glass shattered out in the rollover. Watts Law Firm also represented Arturo Guerrero, who was ejected out of the driver's side rear door window opening when the tempered glass shattered out in the rollover. Leo Figueroa, Of Counsel, to the Law Offices of Frank Herrera in San Antonio represented Maria Del Carmen Boddie, mother of Diana Alonzo. Diana was ejected out of the passenger's side rear window opening when the tempered glass shattered out in the rollover.
Watts and his law firm have been at the forefront of defective product lawsuits throughout the nation. "The terrible injuries that the Plaintiffs suffered and the impact that it has had on their lives did not go unnoticed by the jury," said Watts.
Evidence in the trial demonstrated that a the use of laminated glass, sometimes referred to as enhanced protective glass, instead of tempered glass in the door windows would have prevented the deaths of Corina Garcia and Diana Alonzo and the serious injuries suffered by Arturo Guerrero, Jr. Ford could have provided laminated glass in the 2000 Explorer which would have prevented the glazing defect in this case.
Ford attorneys argued that the glass used in the 2000 Explorer met safety standards. They admitted, however, that Ford uses laminated glass in its pricier vehicles. "It would be only a minimal cost to Ford to use laminated glass and protect its consumers in all of its vehicles," said Frank Guerra. "Ford has clearly demonstrated that safety is not a main concern to them," he added.
"Ford's defense was that the tempered glass did not cause the deaths and injuries to plaintiffs," said Watts. "Ford has known of this defect since the early 1960's, but has repeatedly chosen to not switch back to laminated safety glass," Watts said. "Ford sold the Explorer with tempered glass, not laminated glass, and it choose to do so even though they knew of the dangers of tempered glass." "The jury properly found they needed to fix the glazing issue," Watts said. "The jury recognized that these type of accidents are going to occur, that automotive manufacturers know the problems with glazing, they have safer alternative designs to fix the problem, and the message from the jury is that they expect the automotive manufacturers to take accountability for their defective designs and the impact it has on its consumers."Diana had just completed her first year at University of Texas at San Antonio where she was studying pre-law. A former Miss Crystal City, Diana was an accomplished Ballet and Folklorico dancer whose dreams came to a tragic halt the night she was ejected from the vehicle and killed. "Ford knew from the early 1970's what they needed to do and they chose not to do it. Had Ford decided to use laminated side glass in these vehicles, it all could have been prevented," said Leo Figueroa.Corina had recently completed her first year at The University of the Incarnate Word, where she was studying to become a nurse practitioner. Like Diana, Corina was also a former Miss Crystal City, competed at the Miss Texas Teen USA pageant, and was an avid high school athlete. "The fact that these were beautiful young women who had such promising futures and so much to live for has made these deaths especially difficult for the families," said Watts.Watts Law Firm, LLP, partners, Mikal Watts, Frank Guerra IV, and William J. Maiberger, Jr. tried the case for the plaintiffs. Ford Motor Company was represented at trial by attorneys from six law firms: Ronald Wamsted, Juan Alcala of Brown McCarroll, L.L.P. in Austin, Texas; Thomas M. Klein, Jill Goldsmith, Iman Soliman of Bowman & Brooke, L.L.P. in Phoenix, Arizona; Adolfo Rodriguez, Jr. of Rodriguez Law Firm, P.C. in Dallas, Texas; Gregory L. Schuck of Huie, Fernambucq & Stewart in Birmingham, Alabama; David Prichard of Prichard, Hawkins & Young in San Antonio, Texas; and Eduardo Rodriguez of Rodriguez, Colvin & Chaney, L.L.P. in Brownsville, Texas.