Facts

On March 23, 2007, plaintiff Cynthia Castillo was driving her 1997 2-door Ford Explorer on the I-15 freeway near Murrieta, when the left rear tire failed, causing the vehicle to become unstable. Castillo then steered to the right. Castillo's Explorer ran off the road, rolled over three times and down a steep embankment and crashed into a tree. Castillo filed suit against Ford Motor Co. (Ford) for products liability.

PLAINTIFF'S CONTENTIONS:
Castillo claimed her Explorer was defective and unreasonably dangerous. Castillo claimed that the Explorer's rear suspension was susceptible to a handling event described as "tramp" and "skate". Ms. Castillo's experts claimed that "tramp" and "skate" caused the vehicle's rear wheels to lose momentary contact with the road, which she alleged caused her loss of control. Castillo contended that Ford's management knew of the tendency of the Explorer stability issues, and that its engineers had found ways to improve the stability and safety, but the improvements were not paid for because the managers put profit in front of safety.

DEFENDANT'S CONTENTIONS:
Ford contended that Castillo was driving around 70 mph when her left rear tire separated. Ford further contended that she spun out of control because she steered more sharply than the detreaded left rear tire was capable of sustaining at freeway speeds. Ford argued that a tread separation does not cause the Explorer to 'tramp" or "skate" as Castillo alleged. Ford further contended that the allegations made about management had nothing to do with a tire tread separation.

Ford asserted that tire marks photographed at the crash site proved that the crash was caused by Castillo's steering and not by "skate" and that there was absolutely no evidence of "skate" on the roadway. Ford contended that all of the tires on the Explorer were bought as used tires by Castillo from Corona Tire and Battery of Perris, California. Ford claimed that the tires were of four different sizes and four different brands. Ford alleged that the left rear tire tread separation occurred because the used tire was in bad condition with cracks in the rubber, a crack in the valve, and damage caused by being run under-inflated. Ford contended that the tire that failed and caused the crash was a damaged tire and should not have been sold to Castillo by Corona Tire and Battery.

Ford contended that the crash was the result of use of a damaged and worn tire that should not have been on the vehicle and was not the result of any defect in the Explorer. Ford finally contended that the same crash would have occurred no matter what type of vehicle Castillo had been driving.

Damages

Castillo's itemized economic damages were more than $13 million. She also sought punitive damages.

Injuries

Castillo suffered a spinal cord injury that rendered her quadraplegic.

Result

The jury reached a verdict for Castillo, awarding her compensatory damages. The jury found Ford 91.5 percent liable, the tire retailer 7 percent liable, and Castillo 1.5 percent liable for lack of maintenance. The jury awarded the itemized economic damages plus $10 million in non-economic damages. Castillo's punitive damages claim was dismissed. Castillo previously settled with Michelin Tire North America and Corona Tire and Battery. Ford will appeal the verdict.

Deliberation

five days

Length

six weeks