Posted on 03/11/2005 8:56:25 PM PST by lqcincinnatus
Posted: 02/23/2005 12:00 AM CST
John MacCormack Express-News Staff Writer
CRYSTAL CITY — On Valentine's Day, lawyer Jesse Gamez sent City Manager Diana Palacios two dozen long-stem red roses as a tender tribute to their long-term relationship.
That same day, Palacios was sworn in as a juror in a multimillion-dollar product liability suit against Ford Motor Co. over a wreck two years ago that killed two people.
It was something that everyone in the county but the Ford lawyers knew: Juror No. 17 was the main squeeze of one of the plaintiff's lawyers. Like all small town secrets, this one couldn't hold.
On Tuesday, four days after the trial began, Ford's lawyers filed a flurry of anxious motions.
One asked that a mistrial be declared and another that Judge Amado Abascal recuse himself, claiming he also had known of the Gamez-Palacios link.
"The integrity of the judicial system and the purity of the jury have been compromised beyond repair," declared the Ford lawyers, also claiming that a surge of local outrage led them to the truth about Gamez and Palacios.
Administrative Judge David Peeples quickly denied the motion for Abascal's recusal. But in a seven-hour hearing Tuesday attended by more than 20 high-dollar lawyers, other interesting facts emerged.
Besides being Gamez's longtime girlfriend and occasional legal assistant, Palacios has solicited clients for him, including two of the four initial plaintiffs in the Ford case.
"She invited me to lunch a little after the accident. Mr. Gamez wanted to help, to represent him," said Nora Flores Guerrero, whose stepson Saul Flores Jr. had been the car's driver.
In turn, the plaintiffs accused Nora Guerrero and her husband, Saul Guerrero Sr., whose son later was dropped as a plaintiff by Gamez, of attempting to extort money from them last week.
"He asked twice for one fourth of whatever millions of dollars were out there. Everyone was just shocked," said Adam Guerra, an investigator for Mikal Watts, the lead plaintiffs' lawyer.
Both Guerreros denied making any such demands.
Zavala County has a well-earned reputation as a bad place to land if you happen to be a deep-pocket corporate lawsuit defendant.
The Ford case had all the earmarks of a hugely dangerous lawsuit, stemming from a one-car wreck in the early morning after graduation night in 2003. The vehicle rolled repeatedly after leaving the roadway. Two young women were ejected and killed; two young men lived.
Ford contends the deaths were caused by alcohol, high speed and the fact that none of the four was wearing a seatbelt. The lawsuit claims the deaths could have been prevented if Ford had used a stronger type of glass in the side windows.
In opening arguments, plaintiff's lawyers mentioned damages in the tens of millions of dollars.
Gamez, who referred his cases to Watts, wasn't in the courtroom last week after the trial began. Recalled Tuesday as a witness on the mistrial hearing, he said any problems lay with the poor quality of the questions Palacios was asked during jury selection.
"The whole point is, if the lawyer doing the voir dire had asked the simple question, 'Do you know any party involved,' that would have solved everything," he said before taking the stand.
Ford's lawyers said Palacios twice failed to respond to questions that would have revealed her relationship to Gamez, who, the record showed, had personally represented her in several cases.
"It's shocking to have someone on the jury panel having an affair with a lawyer in this case, and it's wrong," Ford lawyer Eduardo Rodriguez said. "She's trying to conceal from Ford her real motive to stay on this case, which is to help the plaintiffs."
Watts focused on the holes in the Ford lawyers' examination of potential jurors.
"No one is obligated to come forward and do the work of the other side," he said, urging the judge not to declare a mistrial, but, at most, to excuse Palacios if he had any doubts about the matter.
Abascal said he will rule on the motion for a mistrial early today.
Zavala jurors hit Ford for $28 million Web Posted: 03/02/2005 12:00 AM CST
John MacCormack Express-News Staff Writer
CRYSTAL CITY — A Zavala County jury took less than six hours Tuesday to slap Ford Motor Co. with a $28 million verdict, finding the manufacturer 90 percent responsible for the deaths of two young people in a rollover wreck in May 2003.
The jury ordered Ford to pay the families of the victims, and awarded another $3 million in damages against a second defendant, Saul Guerrero Jr., who was driving the 2000 Explorer and was deemed 10 percent responsible.
The award, approved by 10 of the 11 jurors, came despite evidence indicating Guerrero had been drinking before the accident and was driving at an unsafe speed. In addition, none of the four occupants was wearing a seat belt.
Plaintiff's lawyers had asked for up to $100 million in damages, arguing most of the blame lay with the automaker for continuing to use tempered side glass despite learning more than 30 years ago that laminated glass reduced the risk of passengers being ejected in a wreck.
"Saul Guerrero caused the accident but Ford caused the injury and the deaths," attorney Mikal Watts told the jury in closing remarks. "The evidence is overwhelming that a safer alternative design existed. It would have cost them $6 to $10 a car."
Jury foreman Felipe Torres said he was the lone holdout on the panel, believing the $31 million total award was too high.
"On the question of responsibility we were in agreement. The dispute was over the amounts awarded. Maybe instead of $15 million to each party, I would have given $3 million," said Torres, 60, a former county commissioner and justice of the peace.
However, he said the entire panel agreed that Ford should have begun using a safer glass in its side windows years ago.
Thrown from the vehicle and killed were Corina Garcia and Diana Alicia Alonzo, both 19. Passenger Arturo Guerrero, 18, and driver Saul Guerrero Jr., 19, were also ejected but not seriously hurt.
Ford lawyers insisted the vehicle glass met all safety standards. The company now uses laminated side glass in some of its pricier models but they said increased safety isn't the main reason.
"The impairment of the driver caused the accident. He was driving too fast on a caliche road at 2:30 in the morning, and no one was wearing seatbelts," lawyer J.R. Rodriguez said. "Ninety-eight percent of the people walk away from rollover accidents if they are wearing seatbelts."
The plaintiffs presented extensive evidence that Ford had repeatedly considered upgrading its side glass to some type of laminated glass, in part for increased passenger safety.
"Ford knew from the early 1970s what they needed to do and they chose not to do it. Had Ford decided to use laminated side glass in these vehicles, it all could have been prevented," said Leo Figueroa, representing the family of Diana Alonzo.
In asking for a sizable verdict, lawyer Frank Guerra said, "Crystal City is a dot on the map to folks in Detroit, but you have the power to hold them accountable."
The two-week trial was interrupted last week when Ford lawyers discovered that one of the jurors, Diana Palacios, was the girlfriend of plaintiffs' lawyer Jesse Gamez. In a hearing over a defense request for a mistrial, evidence was presented that Palacios, the Crystal City city manager, had also solicited two of the plaintiffs for Gamez to represent.
After denying the motion for a mistrial, Judge Amado Abascal removed Palacios.
Another juror was excused at the same time because of a death in the family, and both sides agree to go forward with only 11 members.
Zavala jurors hit Ford for $28 million Web Posted: 03/02/2005 12:00 AM CST
John MacCormack Express-News Staff Writer
CRYSTAL CITY — A Zavala County jury took less than six hours Tuesday to slap Ford Motor Co. with a $28 million verdict, finding the manufacturer 90 percent responsible for the deaths of two young people in a rollover wreck in May 2003.
The jury ordered Ford to pay the families of the victims, and awarded another $3 million in damages against a second defendant, Saul Guerrero Jr., who was driving the 2000 Explorer and was deemed 10 percent responsible.
The award, approved by 10 of the 11 jurors, came despite evidence indicating Guerrero had been drinking before the accident and was driving at an unsafe speed. In addition, none of the four occupants was wearing a seat belt.
Plaintiff's lawyers had asked for up to $100 million in damages, arguing most of the blame lay with the automaker for continuing to use tempered side glass despite learning more than 30 years ago that laminated glass reduced the risk of passengers being ejected in a wreck.
"Saul Guerrero caused the accident but Ford caused the injury and the deaths," attorney Mikal Watts told the jury in closing remarks. "The evidence is overwhelming that a safer alternative design existed. It would have cost them $6 to $10 a car."
Jury foreman Felipe Torres said he was the lone holdout on the panel, believing the $31 million total award was too high.
"On the question of responsibility we were in agreement. The dispute was over the amounts awarded. Maybe instead of $15 million to each party, I would have given $3 million," said Torres, 60, a former county commissioner and justice of the peace.
However, he said the entire panel agreed that Ford should have begun using a safer glass in its side windows years ago.
Thrown from the vehicle and killed were Corina Garcia and Diana Alicia Alonzo, both 19. Passenger Arturo Guerrero, 18, and driver Saul Guerrero Jr., 19, were also ejected but not seriously hurt.
Ford lawyers insisted the vehicle glass met all safety standards. The company now uses laminated side glass in some of its pricier models but they said increased safety isn't the main reason.
"The impairment of the driver caused the accident. He was driving too fast on a caliche road at 2:30 in the morning, and no one was wearing seatbelts," lawyer J.R. Rodriguez said. "Ninety-eight percent of the people walk away from rollover accidents if they are wearing seatbelts."
The plaintiffs presented extensive evidence that Ford had repeatedly considered upgrading its side glass to some type of laminated glass, in part for increased passenger safety.
"Ford knew from the early 1970s what they needed to do and they chose not to do it. Had Ford decided to use laminated side glass in these vehicles, it all could have been prevented," said Leo Figueroa, representing the family of Diana Alonzo.
In asking for a sizable verdict, lawyer Frank Guerra said, "Crystal City is a dot on the map to folks in Detroit, but you have the power to hold them accountable."
The two-week trial was interrupted last week when Ford lawyers discovered that one of the jurors, Diana Palacios, was the girlfriend of plaintiffs' lawyer Jesse Gamez. In a hearing over a defense request for a mistrial, evidence was presented that Palacios, the Crystal City city manager, had also solicited two of the plaintiffs for Gamez to represent.
After denying the motion for a mistrial, Judge Amado Abascal removed Palacios.
Another juror was excused at the same time because of a death in the family, and both sides agree to go forward with only 11 members.
Crystal City manager targeted Web Posted: 03/01/2005 12:00 AM CST
Vincent T. Davis and John MacCormack Express-News Staff Writers
A series of awkward incidents recently involving the Crystal City manager has led for calls for her removal by a longtime critic on the City Council.
"Something has to be done. You can't just keep your hands crossed and let things go the way they have been going. Someone has to take action," said Councilman Frank Moreno, who is asking for an immediate special meeting to evaluate City Manager Diana Palacios.
Mayor Raul Gomez, who has the power to call the meeting, said he will consider Moreno's request when he receives it.
"I'll weigh all the facts," Gomez said. "He's never had confidence in Diana in the first place. This is a chance for him to try and get her out."
Palacios, who did not return calls seeking comment, has been at the center of two recent incidents that some here believe reflected badly on the city.
Early last week, it came to light that she was serving on a jury in a multimillion-dollar lawsuit against Ford Motor Co. despite being the girlfriend of one of the plaintiff's lawyer, Jesse Gamez, and having solicited clients for him in the same case.
After Ford lawyers protested, she was removed from the jury.
Then on Friday she was accused by state troopers of interfering in the arrest of her son Rey David Garcia on a drug possession charge in Crystal City.
Garcia, 23, was charged with possession of a controlled substance.
According to Trooper José Balderas of the Department of Public Safety, Garcia was pulled over after officers noticed his vehicle was missing a front license plate. Another trooper saw a passenger in the vehicle throw a bag filled with a white substance out of the window.
The bag was revealed to contain 111/2 grams, or a fourth of an ounce, of cocaine, Balderas said.
As they called for police assistance and ran Garcia's plates, Palacios quickly arrived, according to the trooper. She was told to leave the area and not interfere several times, but did not comply, he said.
Palacios protested that her son couldn't get in trouble because of past run-ins with the law. In January, Garcia and another man were arrested at a Border Patrol checkpoint in Dimmit County and charged with smuggling nine undocumented immigrants.
Both men posted bond and were released.
Councilman Moreno said he has at least one other vote on the council supporting Palacios' dismissal, but first must persuade Gomez to hold the meeting.
"The community seems to be in an uproar about all these things. If he doesn't do something, he'll have to answer to the community. It's election time in May," Moreno said.
Gomez, however, had only praise for Palacios.
"She's been doing an excellent job. I don't think her son or the trial have any affect. We hired her to run the city. I don't have any problem with that."
Mystery man attempts to keep Crystal City in dark about trial Web Posted: 02/24/2005 12:00 AM CST
Jeorge Zarazua and John MacCormack San Antonio Express-News
An unknown man in a sport utility vehicle snatched up all copies of the San Antonio Express-News sold at newsstands in Crystal City on Wednesday, the day an article about a multimillion-dollar trial revealed a juror's romantic relationship with one of the lawyers.
More coverage Ford to fight $28 million Zavala verdict
The juror, Diana Palacios, was dismissed Wednesday from the panel seated to hear the product liability suit against Ford Motor Co. after Judge Amado Abascal denied a defense motion for a mistrial.
The judge replaced Palacios with an alternate juror.
Ford lawyers cried foul after learning that Palacios, the city manager of Crystal City, was sworn in on the jury despite her long and public relationship with plaintiff lawyer Jesse Gamez.
Gamez's clients are seeking tens of millions from Ford over a crash two years ago in which two teenage girls died.
Ford claims the deaths resulted from alcohol, excessive speed and not wearing seatbelts.
Plaintiffs argue the deaths could have been prevented if Ford had used a stronger type of glass in the side windows.
Palacios was one of two jurors dismissed Wednesday in the high-profile case.
A second juror was released due to a death in the family, but lawyers on both sides agreed to continue the trial with an 11-member jury panel.
Details of the mistrial hearing about Palacios' long-term relationship with Gamez were printed in Wednesday's Express-News, but Crystal City stores reported a man deliberately horded the papers from about 12 locations.
"They were bought out as soon as they were delivered," City Councilman Frank Moreno said. "What they did was try to keep the community from reading it. It's sad that they would do that."
Sandra Hernandez, a store clerk at Get 'N Go, said the man purchased all seven copies the store had available for sale Wednesday.
"Eventually, he did it to all the stores," said Robert Hernandez, the store manager at Cleo's, adding the man bought 25 papers there. "I guess there was something good in it."
Additional copies of the Express-News were delivered later to Crystal City.
Thrown from the vehicle and killed were Corina Garcia and Diana Alicia Alonzo, both 19. Passenger Arturo Guerrero, 18, and driver Saul Guerrero Jr., 19, were also ejected but not seriously hurt.The two who were ejected and not hurt owe Ford $28 million - which Ford can then pay the family of the two who were ejected and killed.
The names of the potential witnesses and lawyers should have been disclosed and asked as a mater of course before the lawyers even started the voi dire. In fact EVERY jury trial I have done the question is asked.
This was just plain stupid.
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