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Ezequiel Castillo, Individually; Maria De Los Angeles Castillo, Individually and as Next Friend for Ashley Castillo and Ezequiel Castillo, Jr. and Rosa Silvia Martinez, Individually v. Ford Motor Company, Cause No. 2003-01-251-G, in the 404th Judicial District Court of Cameron County, Texas, Judge Elia Cornejo-Lopez presiding. Partners Jaime A. Saenz and Alison D. Kennamer represented Ford Motor Company along with appellate counsel in this post-Supreme Court appeal breach of contract trial. In the original products liability trial of this matter, Ford and Plaintiffs agreed to settle the case during jury deliberations after receiving a note asking "What is the maximum amount that can be awarded?" After Ford learned that the foreperson had sent out the note without the knowledge or consent of other jurors, it refused to fund the settlement and asked for discovery on issues of possible fraudulent inducement and/or mutual mistake. After an appeal to the Texas Supreme Court, the case was remanded for proceedings on Plaintiffs' breach of contract claim. Trial began with jury selection on October 5, 2009, and proceeded with evidence through October 9, 2009, with the jury verdict coming back on October 12, 2009. The jury answered "yes" to questions asking whether the settlement agreement was the result of a mutual mistake, was fraudulently induced, and was the result of a misrepresentation. Plaintiffs' counsel have announced an intention to appeal.
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