Jury awards Upland woman $23.4 million in Ford accident that left her paralyzed

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CynthiaCastilloDaniellaCastillo.jpgRANCHO CUCAMONGA -- A jury awarded an Upland woman $23.4 million today in a civil judgment against Ford Motor Co. for a 2007 freeway accident that left her a quadriplegic.

Cynthia Castillo, 40, lost control of her 1997 Ford Explorer on March 23, 2007 after the tread separated from her left-rear tire as she drove on the 15 Freeway near Murrieta.

The car left the freeway and rolled three times down an embankment, said Castillo's attorney, Brian Brandt.

The accident left her legs and most of her body paralyzed, with limited movement in her arms, Brandt said.

"I was devastated," Castillo said. "I thought my life was over but with my daughter and my family's support, and with God and my faith in him, it helped me be stronger and believe there was life after this, that I could do it."

Today in West Valley Superior Court, a jury returned a 12-0 verdict in Castillo's favor.

"My reaction is very happy," Castillo said. "I'm thankful to God and to the jury for making this happen. It's going to help us so much to make a better life for me and my daughter.

"I want to thank my family for supporting me for these past three years. It's been hard."

The jury deliberated for five days following a six-week trial in which Castillo's attorneys presented evidence that design faults caused the vehicle to easily lose control when the tire tread separated, Brandt said.

Three witnesses who saw the accident said Castillo's car immediately began fishtailing when the tread separated, Brandt said.

Brandt said internal Ford safety memos from the '80s and '90s obtained during the litigation show the company was aware the vehicle easily lost control without rear tire tread.

Engineers found ways to improve the vehicle's safety, but management turned down their recommendations, Brandt said.

"They were putting profits over safety," he said. "The jurors felt very strongly about that, with the memos and documents from Ford."

An attorney for Ford said the car doesn't have a design flaw. Rather, said Warren Platt, the accident was caused by an "old, worn-out tire that shouldn't have been on the vehicle in the first place."

Platt disputed claims that the Explorer performed more poorly than most cars would have after losing tread on a rear tire.

"The same accident would have happened regardless of what vehicle she was driving," Platt said.

According to Brandt, attorneys for Ford also argued during the trial that high vehicle mileage and worn out shock absorbers contributed to Castillo's accident.

"Also, one of the front tires was an incorrectly sized tire," Brandt said. "It wasn't the correct size for the vehicle she was driving."

Platt said he didn't feel the evidence supported a verdict in favor of Castillo. He said Ford will appeal the case.

"It's a very sad, unfortunate accident," Platt said. "Ms. Castillo is a very nice lady."

Ford offered to settle the case prior to trial for $1.2 million, Brandt said.

Castillo, an Ontario native, said she was living in Murrieta with her 9-year-old daughter at the time of the accident.

After her injuries, she moved into her parents' house in Upland. She shares a bedroom with her daughter Daniella, who now assists in caring for her mother, Brandt said.

"They've really sort of reversed roles," Brandt said.

Castillo requires round-the-clock care, and can't feed, clothe or bathe herself. She has be turned over every two hours to keep from suffering bed sores, Brandt said.

With the large judgment in her favor, Castillo said she will likely move out of her parents' house and into a home that allows her to move more freely.

She said she has was knocked unconscious during the accident, and woke up in the hospital with no memory of what happened.

"My family is very happy for me, for my daughter," Castillo said. "They are glad that justice has been served.

"And they also thank God that everything is going to be a lot better for me and my daughter. We both just came from church right now and we gave our thanks."

4 Comments

Anonymous said:

Only is america can someone wreck a 10 year old joloppy car with mis-sized tires and then win millions of friken dollars!!! They need to make a law banning these crazy lawsuits!!! I seriously feel bad for this family, BUT seriously? 23million for something she could have prevented by getting proper maintance???

RpfromRc said:

A lawyer for Ford is not exactly a trustworthy source of truth. Auto companies make design tradeoffs between safety and cost all the time. When they make bad decisions, they know they will be forced to pay for the consequences of some of the accidents. Ford's offer was a real lowball one, too low to pay for a remaining lifetime of care plus previous medical costs.

ELDER said:

Thank God everything is going to go better for them,Ford AND Toyota must to make and sell better AND MORE SAFETY cars as Honda does.Besides the money does not cares if you still in that way as mrs Castillo stands.May God bless her and confort her family.

Very good news indeed. This is the right justice for Castillo who practically lost everything during the car accident. I know that money will not be able to bring back whatever she has lost, but still, it can help her start a new life with her daughter. For Ford, this is a big toll for them, I just hope that this will become a wake-up call for all car manufacturers to ensure the quality and safety of the cars they produce.

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The latest news from courthouses across the Inland Empire as covered by staff writers Will Bigham, of the Inland Valley Daily Bulletin, and Mike Cruz, of the San Bernardino Sun.

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This page contains a single entry by Will Bigham published on February 18, 2010 7:05 PM.

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