Products Liability
Woman blamed Ford for rollover that left her paralyzed
| (P) $23,441,101.00 | |
| Design Defect, Products Liability - Tires, Motor Vehicle - Single Vehicle | |
| Cynthia Castillo v. Ford Motor Company, Michelin North America, Inc., Jaime Martinez and Alfredo Martinez, individuals collectively doing business as Corona Battery & Tire, and Does 1 through 50, inclusive, No. BC373649 | |
| Superior Court of San Bernardino County, Rancho Cucamonga, CA | |
| Martin A. Hildreth |
|
| 02-18-2010 |
- Brian Brandt; Law Offices of Brian Brandt; Upland, CA, for Cynthia Castillo
- Robert Langdon; Langdon & Emison, Attorneys at Law; Lexington, MO, for Cynthia Castillo
- David Renfroe Ph.D., P.E.; Mechanical; Farmington, AR called by: Brian Brandt, Robert Langdon
- Sharon Kawai; Life Care Planning; Fullerton, CA called by: Brian Brandt, Robert Langdon
- John Stilson; Engineering; Grayslake, IL called by: Brian Brandt, Robert Langdon
- Ted Kobayashi; Accident Reconstruction; Livermore, CA called by: Brian Brandt, Robert Langdon
- Ted Vavoulis; Economics; Los Angeles, CA called by: Brian Brandt, Robert Langdon
- Kelly MacHenry; Snell & Wilmer L.L.P.; Phoenix, AZ, for Ford Motor Company
- Warren E. Platt; Snell & Wilmer L.L.P.; Costa Mesa, CA, for Ford Motor Company
- Jarrod Carter Ph.D.; Engineering; Liberty Lake, WA called by: Warren Platt, Kelly MacHenry
- Don Tandy; Engineering; Magnolia, TX called by: Warren Platt, Kelly MacHenry
- Geoffrey Germane Ph.D.; Engineering; Provo, UT called by: Warren Platt, Kelly MacHenry
On March 23, 2007, plaintiff Cynthia Castillo, 38, a salesperson at a hardware store, was driving a 1997 Ford Explorer on Interstate 15 in an unincorporated area of Riverside County when the tread separated on the left rear tire. The rear end of the car fishtailed, causing it to veer right and off the roadway. It then rolled over several times and struck a tree. Castillo sustained serious injuries in the incident.
Castillo sued Ford Motor Company, tire manufacturer Michelin North America Inc., and tire vendors Jaime Martinez and Alfredo Martinez, who were doing business as Corona Battery & Tire, alleging a design defect in the Ford Explorer. All of the parties, except for Ford, were out of the case prior to trial.
Plaintiff's counsel contended that the solid rear axle and outboard placement of the shock absorbers caused the vehicle to tramp and skate, which led to a loss of control as the rear tire detreaded.
Plaintiff's counsel argued that when the tire detreaded it caused Castillo to lose control of the vehicle. Counsel argued that Ford knew of this condition but still did not correct the vehicle's design. Counsel presented internal memos from Ford's safety engineers to management stating that the problem could have been fixed by using stiffer shocks and moving them closer to the wheels, which would save lives. Ford management ignored the memos, counsel claimed.
Defense counsel argued that the car had 211,000 miles on it and that the shocks had never been replaced. Counsel also argued that the car had four used tires and one was incorrectly sized, which contributed to the accident.
Ford also presented evidence that tread separations do not cause "skate" and that there was no defect in the design of the Explorer. Defense counsel contended that Castillo's loss of control was due to excessive steering, which would have produced the same loss of control as any other vehicle that was steered in the same fashion.
Plaintiff's counsel countered that there were 26 prior identical accidents resulting from detreading. Counsel argued that the type or size of the tires did not make a difference in the accident.
Castillo became a quadriplegic at C5-6 and uses a motor-powered wheelchair. After the accident, she underwent surgery to repair an arm fracture and she had to be placed on a ventilator. After several months, she learned how to breathe again and was removed from the ventilator.
Castillo needs 24-hour nursing care to assist her with daily living activities for the rest of her life, including feeding, dressing and bathing. Castillo and her 8-year-old daughter are currently living with her parents. She also has an increased risk of choking, skin infections, urinary tract infections, respiratory disease and is more susceptible to other illnesses such as pneumonia.
The jury found that Castillo was 1.5 percent liable, Ford was 91.5 percent liable and Corona Battery & Tire was 7 percent liable. Castillo was awarded $23,441,101. She will recover $21,343,585.55 from Ford.
Cynthia Castillo
$1,075,662 Personal Injury: Past Medical Cost
$11,352,442 Personal Injury: Future Medical Cost
$42,864 Personal Injury: Past Lost Earnings Capability
$178,351 Personal Injury: FutureLostEarningsCapability
$2,000,000 Personal Injury: Past Pain And Suffering
$8,000,000 Personal Injury: Future Pain And Suffering
$181,920 Personal Injury: past loss of ability to provide household services
$609,862 Personal Injury: future loss of ability to provide household services
A motion for a new trial was denied. Plaintiff's counsel was awarded approximately $293,000 in costs.
This report is based on information that was provided by plaintiff's counsel and Ford's counsel. Counsel for Michelin and Jaime and Alfredo Martinez was not asked to contribute.
