News

11/01/06 — Nueces County
Rear-ender accident between two pickups left man paralyzed

Settlement: Confidential

Case: Doroteo Arturo Amaya and Delia Amaya v. Ford Motor Company and Chang Yong Im, No. 05-61635-3

Court: Nueces County Court at Law No. 3, Tx

Judge: Marisela Saldana

Date: 11/1/2006

Plaintiff Attorneys:
Michael A. Elliot, Corpus Christi, TX
Kevin W. Liles, Watts Guerra Craft LLP, Corpus Christi, TX
Mikal C. Watts, Watts Guerra Craft LLP, Corpus Christi, TX

Defense Attorneys:
Monte J. English, English & Clemons, Corpus Christi, TX (Chang Yong Im)
Benjamin A. Escobar, Jr., Beirne Maynard & Parsons, Houston, TX (Ford Motor Company)
Sawnie A. McEntire, Beirne, Maynard & Parsons LLP, Dallas, TX (Ford Motor Company)

Facts & Allegations:
On August 22, 2005, plaintiff Doroteo Amaya, 66, was driving his single cab pickup, a 1996 Ford F-150 in Corpus Christi. He was stopped at the intersection of Holly & Staples Streets when his vehicle was struck from behind by another pickup, driven by Chang Yong Im. The impact caused the bed or box of Amaya’s pickup to buckle into the back of the cab, through the seatback.

Amaya sued Im, claiming negligence, and Ford Motor Co., claiming products liability. Against Im, Amaya contended that Im was speeding and failed to apply the brakes in time to prevent the collision.

Against Ford, Amaya alleged that the fact the bed buckled into the back of the cab during impact showed that the pickup either lacked structural integrity or had an inadequate occupant protection system, constituting a design defect. Plaintiff’s counsel agreed that safer alternative designs existed. Stronger structural frame beams running the longitudinal length of the truck would have prevented the truck bed from buckling, and structural beams placed in the sheet metal portion of the back of the pickup’s passenger cab would have strengthened the back of the cab and prevented the bed from protruding into the occupant compartment, plaintiff’s counsel argued.

Ford denied liability and maintained that its vehicle was not defective in any way.

Injuries/Damages: Fracture, T3; fracture, rib; head; ischemia; paralegia; stroke

• During the collision, Doroteo Arturo Amaya suffered a thoracic spine injury at T3-4, which damaged his spinal cord rendered him a paraplegic. He also sustained a closed head injury.
• Following the accident, Amaya underwent numerous surgeries and extensive physical therapy. He is confined to a wheelchair and is no loner able to work.
• Amaya incurred medical expenses in excess of $1,354,951.45. He continues to undergo treatment and therapy. The value of his life care plan exceeded $1,600,000.
• His wife claimed loss of consortium.
• Defense counsel did not dispte damages.

Result: The parties agreed to a confidential settlement.

Insurers: Allstate (Chang Yong Im)

Editor’s Note: Watts Guerra Craft resolved this case less then one year from being retained.

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