Multi million dollar lawsuit against tire company goes to local jury today
For the past week a jury of 10 women and 2 men has heard testimony in 197th State District Court concerning a fatal traffic accident in December, 2006.
The accident happened on the western outskirts of Matamoros, Mexico and the passengers in the vehicles involved were all residents of the Rio Grande Valley.
According to testimony Jesus Guzman Reyes was driving his F-250 Ford truck west on the highway that runs from Matamoros to the Free Trade Bridge. His wife, Rosa Guzman and his young son were with him, when the vehicle suddenly veered to the left and crossed over into a lane of oncoming traffic. The truck driven by Guzman struck a Chevrolet Suburban which was headed east toward Matamoros and six people were killed.
In 2007 Sara Q. Cruz and her family filed a lawsuit against Jesus Guzman Reyes and his wife Rosa Guzman, et al for the wrongful death of Ramon L. Cruz, their son.
Two high powered law firms, one from Austin and the other from San Antonio, have been arguing this case for a week and now the jury will have its say.
The Guzmans turned around and sued Michelin of North America claiming that the truck's sudden swerve across the center line was caused by the tread coming off the tire.
Its all a matter of who the jury believes.
Rosa Guzman testified that she hearJa loud "pop" before the crash into the Suburban and an eye witness seems to back her up.
Jesus Pena was standing outside his house when he also heard a loud popping noise and he noticed the flat left front tire (driver's side).
Two more witnesses, Sabrina Montoya Sanchez and her son, Jose E. Chaverria were driving behind the Guzman truck and both reported hearing a popping sound before the truck crossed the line.
But, Pablo Alonso Garcia Vega, a forensic technician for 8 years with the Mexican police, and a college graduate, said he saw "no evidence that failure of the F-250 tire caused or contributed to the accident."
Tom Bullion defense attorney with Germer, Gertz, Beaman and Brown an Austin based law firm told the jury what Michelin belives, that Jesus Guzman Reyes was trying to pass another car when his truck slammed headon into the Subuirban and that the bumper of the Suburban struck his two from tires blowing them both.
Both tires were on display in the courtroom and both were ruined but the wheels were pretty much intact. Mexican police found no skid marks, or tire marks on the pavement and did not find any rubber that had come off the tire.
However, 9 days later, Juan Castillo, an insurance company investigator and former DPS office claimed that he had been to the scene and produced a strip of rubber which he claimed came from the F-250's front left tire.
Soon after, defense attorneys produced a witness, Carlos Martinez, also a former DPS office who testified that Castillo is "not a truthful individual and is not trustworthy."
And Dr. Juan Herrera testified that he is an expert on tire wear (with 2 PhDs) and that the tire exhibited in court was inconsistent with tread detatchment.
His conclusion, the Suburban bumper hit the two front tires of the F-250 blowing both at the instant of the collision.
The Judge gave written instructions to the jury, "Donot let bias, prejudice, or sympathy play any part in your deliberation. Consider the evidence only."
A verdict should be made in the case on Thursday, or Friday.








