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Jury denies Lozano claim
A Fort Stockton Jury concluded that TRW Vehicle Safety Systems should not be found at fault in a case brought by Osbaldo Lozano, Jr. and his family.
The jurors deliberated approximately four hours before delivering their verdict. The case revolved around two major issues. Were the Lozano's wearing seat belts at the time of the rollover? Why did the Lozano's fail to respond to recall announcements on the vehicles?
On Monday, February 3 2003, a white Ford pick-up truck driven by Osbaldo Lozano, Sr., Midland, was headed toward Fort Stockton and a construction site. About 20 miles from town, a rollover occurred, leaving Osbaldo Lozano, Jr. a paraplegic. The Lozano's had purchased the truck from Rogers Ford June 21, 2001. On July 13, 2001, TRW, the manufacturer of the seat belt system used in the vehicle issued a recall, and first notices were mailed to more than 1,000,000 customers between July 25-27. A second recall notice was sent out from Sept. 17-24. A third notice was sent out March 26-28, 2002. A fourth notice was sent out in October 2002, and a fifth notice in March 2003. An informal poll of jury members revealed that they did not believe that Osbaldo or Michael Lozano were wearing seat belts when the accident occurred. Lear Johnson, one of the jurors, explained, "The Lozano lawyers did not prove they were wearing seat belts."
Another juror, Adan Arcides, agreed with Johnson, and added, "They never took the truck in when they received notice that there was a problem." He added, "You have to do that."
Tommy Phan agreed with the other jurors. "They didn't prove they were wearing seat belts, and they didn't take the truck to be repaired."
The Lozano's filed suit against TRW Automotive. With 2006 sales of $13.1 billion, TRW is among the world's 10 largest automotive suppliers and is one of the top financial performers in the industry.
The company supplies more than 40 major vehicle manufacturers and 250 nameplates and holds leading positions in all of its primary product categories.
The firm of Pillsbury, Winthrop, Shaw and Pittman, LLP, Houston Texas represented TRW. Local attorney Paul Dionne is assisting the Houston firm. Jon Hanna and Ruben Valadez, Midland and San Antonio represent the Lozano's.
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