Trial Activity

Guadalupe Azocar, Individually and as Next Friend of Guadalupe Azocar, Jr., a Minor, and Ricardo Azocar, a Minor v. Ford Motor Company and Bailey Ford, Inc., a Texas Corporation, Cause No. 2001-03-1322-G, In The 404th Judicial District Court Of Cameron County, Texas.

Jaime A. Saenz and Alison D. Kennamer were two of four trial counsel  (with an appellate specialist in attendance, as well) representing Ford Motor Company and Bailey Ford, Inc. in this products liability case involving a single-vehicle Ford Explorer accident in which then 13-year-old Guadalupe “Pete” Azocar, Jr., the right rear passenger, was rendered a paraplegic.  Plaintiffs contended that Norma Navarro, Guadalupe Azocar, Sr.’s girlfriend who was driving the Explorer on a poorly paved road outside Bayview, Texas after midnight on June 10, 1999, lost control of the vehicle after darting off the road to avoid a “black object” due to an alleged defect in the Explorer’s handling characteristics.  They also contended that “Pete” Azocar had been seat-belted and that his restraint had inertially unlatched, and that the presence of tempered glass in the side windows of the Explorer constituted a further defect.  Ford contended that the 1993 Ford Explorer was not defective in the any of the ways that Plaintiffs claimed, but that instead “Pete” was unfortunately unbelted when Navarro’s negligence caused the accident.  Trial began on April 17, 2006.  Plaintiffs nonsuited the claims of Guadalupe Azocar, Sr. and Ricardo Azocar, so that only the claims of “Pete” Azocar (now 20 years old) remained.  Plaintiffs also dismissed their claims against Bailey Ford, Inc. and their claim of an alleged glass defect.  Evidence proceeded steadily in this 5-week trial; closing arguments took place on May 17, 2006.  The jury indicated it was deadlocked on Friday, May 19, 2006; after the Court administered a “dynamite” charge, the jury some hours later indicated that it was still deadlocked, so a mistrial was declared.