# NO. 0 4-14- 00 562

- CV

IN THE TEXAS COURT OF APPEALS FOR THE FOURTH DISTRICT

SAN ANTONIO, TEXAS

* * * * * JESUS DE LOS SANTOS, JR., Individually and as Representative of the ESTATE OF JESUS FRANCISCO DE LOS SANTOS, and JUAN DE LOS SANTOS, Appellants; and MARCO ANTHONY SOLIS, JR., Cross-Appellant,

v. FORD MOTOR COMPANY, Appellee
* * * * * On Appeal from the 79 th



### Judicial District Court Jim Wells County, Texas Trial Court Cause No. 11

- 08

- 50394

- CV

* * * * *

APPELLANTS ’ UN OPPOSED MOTION FOR LEAVE TO FILE POST-SUBMISSION LETTER BRIEF

* * * * *

THE HONORABLE JUSTICES OF THE COURT:



### Jesus De Los Santos, Jr. Individually and as Representative of the Estate of

Jesus Francisco De Los Santos and Juan De Los Santos, Appellant s, respectfully

presents this motion requesting leave to file the post-submission letter brief attached

hereto as Exhibit A, which addresses record citations relevant to certain important factual

questions asked by the Court during the recent oral argument in this matter. In support of

this motion, Appel lant s would show the Court as follows:

1. This appeal was submitted on oral argument on Thursday, March 26, 2015.

2

. The case involves complicated technical issues about product

spec ifications, metallurgy, and accident reconstruction. ACCEPTED 04-14-00562-cv FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 4/6/2015 9:11:16 AM KEITH HOTTLE CLERK2

3

. D uring the course of the oral argument, the Court had several questions

about these technical issues, in particular, questions about Ford ’ s specifications for

“ hardness ” and other applicable matters related to planned out put for Ford axles

. S u ch

matters are difficult to succinctly explain in the span of a short oral argument and require

a review of several portions of the technical and expert testimony i n the context of the

record. S ince these f

actual matters about the content of the record are central to the

issues raised in this appeal, Appellants request leave to file the attached post

- submi ssion

letter brief to help guide the Court to the relevant portions of the record as they pertain to

specifications and planned output for Ford axles.

4

. Certificate of Conference: O n April 2, 2015, the undersigned conferred

via email with Allyson Ho

, lead appellate counsel for Appell ee Ford Motor Company

,
regarding the relief requested in this motion

. Ms. Ho responded that Ford takes no

position regarding the requested relief

. Therefore, this motion is filed as UN OPPOSED.

Respectfully submitted,

By: ________________________________ Brendan K. McBride State Bar No. 24008900 Brendan.mcbride@att.net T HE M C B RIDE L AW F IRM Of Counsel to G RAVELY & P EARSON
, LL P 425 Soledad, Suite 620 San Antonio, Texas 78205 (210) 4 72

- 1 1 11 Telephone (210) 881

- 6752 Facsimile3 

### And

Jeffrey G. Wigington State Bar No. 00785246 jwigington@wigrum.com R. Reagan Sahadi State Bar No. 24042369 rsahadi@wigrum.com
W IGINGTON 

### R

UMLEY 

### D UNN 

### & B LAIR


### , LLP 123 N. Carrizo St. Corpus Christi , Texas 78401 ( 361 ) 881

- 7500 ( 361 ) 884

- 0487 (Facsimile)

COUNSEL FOR APPELLANTS, JESUS DE LOS SANTOS, JR. INDIVIDUALLY AND AS REPRESENTATIVE OF TH E ESTATE OF JESUS FRAN CISCO DE LOS SANTOS AND JUAN DE LOS SANTOS4 

### CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing document has been forwarded on this 6 th 

### day of A pril

, 201 5 to Appellee’s counsel of record , Allyson Ho and Cross

- Appellant Marco Soliz, Jr.’s lead appellate counsel

, Lupita Aguilar, by electronic service through Texas.gov

.

____________________________________ Brendan K. McBride