Alejandre v. Ford of Dublin (C05-01882)

Hon. D. Flinn, Contra Costa County Superior Court

MOTOR VEHICLE:

Wrongful Death

ATTORNEYS:

Plaintiffs, Catalina Alejandre, et al. – Casey Kaufman (THE BRANDI LAW FIRM)

Defendant Ford of Dublin- Jeanne L. Tollison, Esq. (KOLAR & ASSOCIATES)

FACTS:

On September 10, 2004, at approximately 6:45 a.m., Defendant Kevin Michael Lujan was driving southbound on Vasco Road in Contra Costa County. When Defendant Lujan’s vehicle crossed the double yellow line into the northbound direction, it collided head on with a 1996 Ford F150 truck driven by Decedent, Ignacio AlejandreIgnacio Alejandre, the driver of the 1996 Ford F150, and three other passengers in that vehicle were killed during this collision. There was only one air bag in the 1996 Ford F150, which was on the driver’s side, which did not deploy during the accident. The CHP inspected the vehicle and found the airbag wires had been disconnected and the airbag indictor light had been removed.

Over two and a half years prior to the accident, Valleycrest, the owner of the vehicle and Ignacio Alejandre’s employer had taken the 1996 Ford F150 to Ford of Dublin because the airbag light was flashing. The subject vehicle was inspected by a factory trained mechanic employed by Ford of Dublin who found the airbag module had been corroded and needed to be replaced. Valleycrest declined the recommended repair and Ford of Dublin reassembled the vehicle back to the original condition it was in when first brought into the dealership.

SUMMARY JUDGMENT:

Defendant Ford of Dublin filed a Motion for Summary Judgment. The Court found that there were no triable issues of fact as to Plaintiff’s Causes of Action against Defendant Ford of Dublin. Ford of Dublin provided undisputed evidence that Valleycrest declined the recommended repaired, that it reassembled the airbag system without change, and that it did not disconnect the warning light. Judgment was entered in favor of Ford of Dublin.