Raymond Paul Johnson Publications - Civil Litigators - Los Angeles, CA

Case No. BCVBS 07670
Superior Court of the State of California For the County of San Bernardino – Barstow District
Lucero et al. v. Ford Motor Co. and Continental Tire

PLAINTIFFS’ ATTORNEYS:	Law Offices of Raymond Paul Johnson 2121 Rosecrans Avenue, Suite 3400 South Bay Los Angeles El Segundo, California 90245 Law Office of Terrance Ponchak 732 Ninth Street, Suite 101 San Pedro, California 90731
DEFENSE ATTORNEYS:	Yoka & Smith, LLP 707 Wilshire Boulevard, Suite 5000 Los Angeles, California 90017 Counsel for Continental Tire North America, Inc. Crowe & Rogan, LLP 100 Wilshire Boulevard, Suite 200 Santa Monica, California 90401-1111 Counsel for Ford Motor Co. And ABC Group dba Ford West Snell & Wilmer, LLP 1920 Main Street, Suite 1200 Irvine, California 92614-7060 Co-Counsel for Ford Motor Co.
PLAINTIFFS’ EXPERTS:	Robert Lloyd Anderson Accident reconstruction, stability, handling and control Applied Research and Investigations Phoenix, Arizona Mark W. Arndt Stability, handling and control during tread detachment Transportation Safety Technologies, Inc. Mesa, Arizona William G. Broadhead Occupant restraint systems Automotive Safety Research, Inc. Santa Barbara, California Dennis Carlson, P.E. Tries, defects, history and testing Carlson Engineering, Inc. Tucson, Arizona Thomas J. Feaheny Occupant protection systems, laminated/glazed glass Automotive Consulting Rochester Hills, Michigan Joyce Pickersgill, Ph.D. Economist Formuzis, Pickersgill & Hunt, Inc. Santa Ana, California David A. Posey, M.D. Pathology Glenoaks Pathology Medical Group, Inc. La Cañada, California Anthony Sances, Jr., Ph.D. Biomechanics and occupant kinematics Biomechanics Institute, Ltd. Milwaukee, Wisconsin
DEFENSE EXPERTS:	William L. Anderson Accident scene investigation and documentation Palm Desert, California Thomas L. Bennett, M.D. Coroner/pathologist Pathology Consultants, P.C. Billings, Montana Edward M. Caulfield, Ph.D., P.E. Michael W. Rogers, P.E. Door latches Packer Engineering, Inc. Naperville, Illinois John W. Daws, Ph.D., P.E. Tires Exponent Phoenix, Arizona Stephen J. Fenton, P.E. Engineering animation Knott Laboratory, Inc. Englewood, Colorado James D. Gardner Failure analysis of automotive tires Akron, Ohio Geoffrey J. Germane, Ph.D. Accident reconstruction Germane Engineering Provo, Utah Jon Landerville Vehicle handling, accident reconstruction Vector Scientific Los Angeles, California Lawrence M. McKenna Restraint systems Body Systems Analysis, Inc. Algonac, Michigan Jubin Merati, Ph.D. Economics Merati Economic Group, Inc. Los Angeles, California Richard L. Morrison Glass and glazing Glass & Glazing Forensics LLC Southfield, Michigan Larry F. Ragan Roof crush Ragan Research Corporation Livonia, Michigan Dennis C. Schneider, Ph.D. Biomechanical engineer Biokinetic Engineering, Inc. Los Osos, California Donald F. Tandy, Jr. Stability and handling Tandy Engineering & Associates, Inc. The Woodlands, Texas Jeffrey B. Wheeler Biomechanics, accident reconstruction, restraints Vector Scientific Los Angeles, California
TYPE OF CASE:	Ford Expedition Rollover/Tire Failure
DATE OF COLLISION:	May 18, 2002
LOCATION:	Northbound on Interstate 15 in San Bernardino County, California
DECEDENTS’ AGES:	Antonio Lucero (75) Maria Lucero (68) Eva Rodriguez (48) Jose Rodriguez (47) Yolanda Flores (45) Ismael Flores (50)
PLAINTIFF’S OCCUPATIONS:	Antonia Lucero (retried) Maria Lucero (homemaker) Eva Rodriguez (homemaker) Jose Rodriguez (mechanic) Yolanda Flores (Student Transportation) Ismael Flores (Mobile Oil employee)
NATURE OF THE CASE:	On May 18, 2002, three couples, Antonia and Maria Lucero, Jose and Evan Rodriguez and Ismael and Yolanda Flores were traveling in a 2000 Ford Expedition northbound on Interstate 15 in San Bernardino County, California. Suddenly and without warning, the tread detached on their rear Continental Grabber AW tire. The Expedition went out of control and immediately rolled over, killing all six (6) occupants. As a result of the rollover, bodies were ejected, crushed and mangled, including decapitation and dismemberment.
PLAINTIFFS’ CLAIMS:	The Ford Expedition, a sister vehicle to the Ford Explorer, exhibits a dangerous oversteer defect in the event of a tire failure, particularly tread separation. When the tread on the left rear Continental tire detached, the Ford Expedition became inherently unstable, and as result rolled over. The Grabber AW tires were prone to tread separation because of manufacturing and design defects. Prior to these deaths, Ford and Continental officials held discussions and meetings regarding the exceedingly high number of returned tires, claims and injuries related to use of Continental’s Grabber AW tires on the Ford Expedition and other Ford products. Yet, no warnings or recalls were initiated until August 2002, months after this particular rollover which spurred joint recalls by Ford and Continental. The Grabber AW tires were recalled for not having adequate rubber gauge along the belt edge which could lead to tread separation and loss of vehicle control. Ford conducted its own related recall of the Model Year 2000 Expedition due to tire placards on the vehicle that prescribed lower than recommended tire pressure.
DEFENDANTS’ CLAIMS:	The subject Ford Expedition had Grabber AW tires whose condition were beyond serviceable life. The failed left tire was improperly repaired. The worn condition of the vehicle’s other tires should have given notice to the owner of the vehicle to replace the tires. The condition of the right front tire was worn beyond legal limits and the vehicle should not have been on the road. When the left rear tire failed, the driver of the Ford Expedition overcorrected and applied excessive braking input, contributing to the rollover. Each of the four ejected occupants were either wearing their seatbelts improperly or not at all.
TRIAL JUDGE:	Hon. John P. Vander Feer
TRIAL DATE:	May 17, 2005
SETTLEMENT DATE:	May 13, 2005
SETTLEMENT AMOUNT:	CONFIDENTIAL