Jose Leos-Ortiz v. Ford Motor Company
Partners Jaime A. Saenz and Norton A. “Trey” Colvin, III defended Ford Motor Company in a product liability lawsuit filed on behalf of Jose Leos-Ortiz in the United States District Court for the Southern District of Texas, McAllen Division. The lawsuit arose from a single vehicle rollover on June 1, 2009 involving a 1999 Ford Explorer near Mission, Texas. Mr. Leos-Ortiz was the only occupant in the vehicle at the time of the crash. The crash resulted in the loss of his left arm above the elbow. Plaintiff claimed that the Ford Explorer was defective because Ford chose to use tempered rather than laminated glass in the side windows. Plaintiff argued that laminated side window glass would have prevented Mr. Leos-Ortiz’s injuries. The defense of the case focused on Mr. Leos-Ortiz’s blood alcohol concentration at more than twice the legal limit and several major steering inputs that resulted in the loss of control of the vehicle. The defense also contended that the use of tempered glass was reasonably safe and that the Explorer was not defective. The case was tried for five days starting on August 21, 2018 and concluding on August 29, 2018 resulting in a verdict in favor of the Plaintiff. The jury also found the Plaintiff was ten percent responsible for causing the crash. Post verdict motions will be filed.