Circuit Court of San Bernardino County, California, Rancho Cucamonga Division 11, the Honorable Martin Hildreath Presiding
Cynthia Castillo, a 38 year old single mom, was among Ford Motor Company's targeted group of "soccer moms" for the 4 million Ford Explorer SUV's sold in North America from 1990 to 2001. The Explorer fit the active, athletic lifestyle she enjoyed with her then 7 year old daughter.
Cynthia, like hundreds of other unsuspecting Explorer owners, active, happy and independent lifestyle came to an abrupt halt on March 23, 2007 when her left rear tire detreaded on a California freeway. Instead of being able to pull over to put on her spare tire, the Explorer's hidden handling defects became apparent during this critical 4 second event. The Explorer became unstable and uncontrollable causing the Explorer to run off the freeway and roll down a steep embankment.
The wreck knocked Cynthia unconscious and she suffered brain damage. She is now a quadriplegic fully dependent on care 24/7 for the remainder of her 34 years of life expectancy. Instead of being the caregiver for her young daughter, roles were reversed. Her child became one of her mom's caregivers.
The lawsuit was filed and Ford vigorously denied any responsibility, blaming Cynthia's driving skills and her tires for the wreck even though years before this wreck the corporation had knowledge of scores of similar wrecks involving freeway speed rear tire de-treads and loss of control leading to rollover crashes in Ford Explorers.
At trial, Cynthia Castillo's trial counsel, Robert L. Langdon, Adam W. Graves and Phyllis A. Norman of Langdon & Emison and Daniel T. Defeo of The DeFeo Law Firm, presented evidence that high level management at the world headquarters in Dearborn, Michigan were aware of similar wrecks caused by hidden handling defects. In stark contrast to Ford's conduct in its domestic market, Ford's Venezuelan market corrected the hidden handling defects as recommended by Ford's engineers, to reduce the risk of loss of life and serious injury for the owners of the 20,000 plus vehicles in that market. The evidence showed Ford spent $3,500,000 correcting the hidden handling defect in Venezuela. However, Ford chose to ignore the fix recommended by its own engineers and not to spend the $500 million plus needed to fix the Explorer's in North America.
In addition to foreign wrecks, Cynthia Castillo's trial counsel also presented 26 prior similar wrecks in North America that Ford knew about from other litigated cases. In each of these 26 prior events the hidden defect in the Explorers' handling system resulted in death or serious injury to vehicle occupants.
The trial began on January 4, 2010. It included testimony of 17 fact and expert witnesses. Following six weeks of trial and 3 ½ days of deliberation, the California jury (where 9 is required) reached a unanimous 12 person verdict on February 18, 2010. Contrary to the defenses advanced by Ford, all 12 jurors found the Ford Explorer to be defective. They awarded Cynthia Castillo $13,441,101 for her past and future medical care and for future life care needs along with $10,000,000 for her pain, suffering and loss of enjoyment of life. Furthermore, the jury assigned fault as follows: Ford Motor Company 91.5% percent at fault; Tire Retailer 7% of the fault; and 1.5% Cynthia Castillo's fault.
With the just and reasonable verdict in her favor, Cynthia Castillo said she and her nine year old daughter will likely move out of her parents' house and into a home that allows her to move more freely. "My family is very happy for me, for my daughter," Cynthia Castillo said. "They are glad that justice has been served." Cynthia's attorneys are pleased with the verdict and thankful that Cynthia will be able to receive the additional care she needs and deserves.
