PHMY News 2007

Jury Finds For General Motors In First "Electronic Stability Control" Case
Fierro v. General Motors Corp., Travis County District Court, Sept. 2007

A Travis County jury exonerated General Motors of any negligence with regard to the stability and handling design of the 2004 Chevrolet Suburban at the close of a three-week trial in Austin. The case was brought against GM by an Austin family after a single-vehicle rollover accident on Interstate Highway 10 near Fort Stockton, Texas in the Winter of 2004.

Six members of the Fierro/Olivas family were driving a rented 2004 Suburban along I-10 during a severe ice and freezing rain storm. The driver, Leslie Denise Fierro, failed to slow the vehicle to compensate for the slippery conditions and lost control of the Suburban, causing it to slide into the median where it rolled three times before coming to rest upright. Three passengers were ejected. Leslie Fierro, although she remained in the vehicle, suffered a serious head injury, and Fierro's elderly grandfather, Raul Olivas, died shortly after the accident from internal cranial bleeding.

The plaintiffs alleged that GM was negligent for not making StabiliTrak (GM's trade name for its electronic stability control system) standard on all 2004 Suburbans (it was an option for the 2004 Suburban). They further alleged that despite Fierro's high speed and the nearly traction-free iced over roadway, StabiliTrak could have somehow prevented the accident.

After nearly three weeks of evidence and an hour of deliberations, the jury disagreed, concluding that GM was not negligent in the design of the Suburban and placing 100% of the fault for the accident on the driver, Leslie Fierro. GM was represented by David Prichard and Tony Avey of the San Antonio office of PHMY. The plaintiffs were represented by Dan Rottier and Don Slavik of the Wisconsin firm of Habush, Habush & Rottier.

Raising the Bar
Spring 2007, Trinity Alumnus, The Magazine of Trinity University

When beloved Trinity history professor Don Everett died in 2004, he left a shining legacy of scholarship, mentorship, and service to the University that spanned almost 40 years. As faculty sponsor and honorary member of the Triniteer fraternity for many years, Everett relished the opportunity to guide countless young men who were navigating that poignant nexus between college and career.
(Continued)

Jury Finds For General Motors In Death Case
Newsome v. General Motors Corp., County Court at Law #3, El Paso County.

An El Paso jury determined that General Motors was not liable for the death of El Paso resident Dominic Sol Newsome.  Mr. Newsome was killed in an automobile accident in 1997 when his S-10 pickup was struck from behind by another vehicle driven by Otillia Torres, a drunk driver. The Plaintiff argued that Dominic Newsome's seatbelt spontaneously unlatched during the accident, allowing him to be ejected when the pickup rolled over.  GM countered that there was no evidence Dominic Newsome was even wearing the seatbelt at the time.  After approximately two days of deliberation, the jury agreed with GM, finding that Dominic Newsome's death was not caused by any defect in his pickup, and assigning 100% of the fault to the drunk driver.  GM was represented by David Prichard and Daniela Gonzales Aldape of the San Antonio office of Prichard, Hawkins, McFarland & Young.  The Plaintiff, Mr. Newsome's father, was represented at trial by Leon Russel of Dallas, Texas.

PHMY Defends i2 Technologies in International Commercial Arbitration
Siemens v. i2 Technologies

In early 2007, PHMY partner Tony Avey represented i2 Technologies in an ICC arbitration in Brussels, Belgium arising out of a commercial dispute between i2 and international technology giant, Siemens SBS. The arbitration was governed by Swiss Law. The dispute concerned the sale and implementation of i2 software to Siemens during a joint development project between the parties. After a little more than a day of arbitration, Siemens agreed to settle the case for a confidential amount.

Since this arbitration concluded, Tony has consulted with other clients on international matters.

Prichard Hawkins McFarland & Young LLP Law Firm Recognized by General Motors for Professional Diversity

San Antonio, Texas (January 15, 2007)  Prichard Hawkins McFarland & Young LLP (PHMY) ranked number one in the percentage of minorities performing work on behalf of General Motors Corporation (GM) in 2005 and 2006 out of GM’s fifteen top-billing firms world-wide.

GM’s Vice President and General Counsel E. Christopher Johnson, Jr. of Detroit, Michigan congratulated the PHMY firm saying, he is proud to “recognize your efforts to a diverse and capable group of professionals.” GM is committed to increased opportunities for women and minority attorneys, and PHMY is GM’s number one shining star for diversity of attorneys.  Johnson said he will refer members of the media and other professional colleagues to PHMY for insight on diversifying law firms.

Johnson stated that General Motors is deeply committed to a diverse and excellent workforce.  This commitment extends not only throughout GM’s worldwide in-house family, but also to service and product suppliers to the Corporation.  PHMY law firm’s number one status with the world-wide GM family is to be commended. View Mr. Johnson's letter to PHMY here (339k PDF).

Prichard Hawkins McFarland & Young handles cases in Texas, the Southwest, and throughout the United States in areas of product liability, a wide variety of business and commercial litigation, trial, and appellate law. The law firm handles both corporate and individual cases.

Court of Appeals Orders Arbitration In Death Case Against Ford
In re Ford Motor Co.
 
In an opinion in December 2006, the San Antonio Court of Appeals ordered that all of the plaintiffs in a wrongful death claim, including the estate of the decedent, will have to litigate their claims against Ford Motor Company and Ford dealer Gillespie Ford in arbitration before the American Arbitration Association.  The court of appeals held that by trying to sue Ford and Gillespie Ford for alleged breaches of warranty in connection with a rollover accident involving a 2000 Ford Explorer the plaintiffs were bound to follow the other terms of the sales contract for the vehicle, which included a mandatory arbitration clause.  The trial court initially ordered the claims by the estate to arbitration but refused to order the remaining plaintiffs to arbitrate.  The court of appeals issued a conditional writ of mandamus directing the trial court to order all the claims to arbitration.  Ford and Gillespie Ford were represented in the court of appeals by PHMY attorney David Montpas.
 
Georgia Jury Finds For Ford In Aerostar Rollover
Colp v. Ford Motor Co.
 
PHMY’s David Prichard successfully defended Ford Motor Company before a Georgia state court jury in January 2007. The case arose out of a moderate impact into the side of a 1995 Ford Aerostar minivan. The plaintiff sustained profound head injuries. He died seven years after the accident.The plaintiffs sued Ford alleging that the sliding door latching system on the van was defective, allowing it to come open in the accident. Ford contended that the door came open as a result of inadvertent actuation of the door handle rather than any alleged defect. After a half day of deliberation, the jury unanimously agreed with Ford, absolving the manufacturer of any liability.

Results obtained depend on the particular facts of each case.