Posted on 05/05/2022 1:32:59 PM PDT by gitmo
A Jeep Wrangler with a manual transmission was taken to a Michigan car dealership for an oil change and tire rotation, but after the work was complete, court records say the vehicle “lurched forward” as a lube technician tried operating it. Jeep Wrangler with a manual transmission was taken to a Michigan car dealership for an oil change and tire rotation, but after the work was complete, court records say the vehicle “lurched forward” as a lube technician tried operating it.
The red 2019 Wrangler then crushed mechanic Jeffrey Hawkins against a cabinet on March 13, 2020, records say. He was taken to a hospital, where he died of his injuries at 42 years old.
The owner of the Jeep is being sued in a Michigan circuit court along with the 19-year-old technician accused of operating the vehicle when it crushed Hawkins. The lawsuit filed in March 2021 says vehicle owner Sergio Enrique Diaz-Navarro is “vicariously liable for the negligent acts” of technician Daniel Aleczander Thompson when his use of the vehicle led to the death of a certified mechanic.
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“Thompson reached into the vehicle and pressed brake with his right foot, keeping his other foot on the floor,” the plaintiff summary says. “He pressed the start button. When the vehicle did not start, he took his foot off the brake and depressed the clutch pedal. He again hit the start button. This time the Jeep started. He removed his foot from the clutch, still standing outside the vehicle. The vehicle lurched forward.”
At about 8:11 a.m., court records say Hawkins was in front of the Jeep and on his knees to grab something from a metal cabinet. As he had his back turned from the Jeep, he was crushed against the cabinet.
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(Excerpt) Read more at msn.com ...
The suit is being filed because the dead mechanic’s estate is looking for a deep pocket. The negligent actor, the age 19 technician, has no money. The jeep owner has insurance but his auto policy only pays for negligence reasonably connected to the policy owner. The owner did no negligent act as he had no connection with the technician. The only remedy is through the shop’s worker’s comp policy which will pay a death benefit as WC is basically no fault.
And especially so, since any shop REQUIRES the owner (and other non-'authorized' persons) to not be in the shop area..."for insurance purposes".
At five years of age, I was driving the farm tractor.
My grandfather taught me how to use a clutch to shift
around nine.
Guessing whomever got in the jeep didn’t know how to drive a manual trans and turned the key while the jeep was in gear causing the “lurch?”
“Vicariously liable for the negligent acts”
Wow...that’s a new one... or is it?
Because someone determined the owner has some good insurance or deep pockets or both.
I was wondering why that Jeep had two brake pedals.
The drivers insurance company agreed to pay the policy limits of $100k and the plaintiffs agreed not to go after the owner.
This has some significant benefits for him and his insurance company.
His involvement in the lawsuit will be minimal, his insurance company won’t have to spend many thousands of dollars defending him.
On top of that, if there is a judgment against the owner that is in excess of the amount the dealership can pay, he has zero personal liability. Worse case scenario is the insurance company loses $100k, and that is only if there is any liability by the owner.
>> Femminineo said, adding that they hope to be awarded a verdict in excess of $15 million.
Since when do auto-related causalities amount to $15 million?
I don’t believe a driver’s license is required on private
property, but it is true this kid was not qualified to be
behind the wheel even off public roads, and it does seem
to have cost a life.
“Being sued” is different than being liable.
He’s not, but the lawyer for the guy who was killed knows that the owner likely has insurance, and that the insurance company will likely settle rather than actually fight the case...
If anything the dealership should be the one getting sued, happened at their business by their employees.
Personal injury lawyers just throw spaghetti at the wall... anyone you can name, you will try to.
Unless the owner had modified the car in some way, which it sure doesn’t seem like they did by this story, there is no liability to be had for them.
Having a stick shift is a pretty good theft deterrent .... couple of geniuses were going to steal a Corvette but couldn’t drive a stick!!!!!!!
It was a straight drive...as opposed to a gay drive?
Obviously, to steer, in case the steering wheel comes loose: it's a safety feature!
““Thompson reached into the vehicle and pressed brake with his right foot, keeping his other foot on the floor,” the plaintiff summary says. “He pressed the start button. When the vehicle did not start, he took his foot off the brake and depressed the clutch pedal. He again hit the start button. This time the Jeep started”
Sounds like the guy wasn’t even sitting in the driver’s seat.
My jeep is automatic but it won’t even turn over until a butt is firmly behind the wheel.
Won’t go in drive or reverse with the drivers door open either.
I guess all that’s different with manual shift?
If you press them all at the same time it does a reset on the car back to factory settings.
I think a lawyer remember that Anton Yelchin was “killed by his Jeep”. The truth in that story reverberated throughout the automotive industry.
The transmission controls in the newer vehicles are so difficult to understand that the manufacturers had to simplify them. The Cherokee transmission control was difficult to be sure. Anton didn’t understand that the transmission was not in park before getting out to check his mail on his way out of the hollywood hills driveway.
My jeep had all sorts of “Habits” that almost killed me. Including a front end wobble of death that no one could cure. And I mean NO ONE. The jeep was finally sold to a gentleman who trailers it to trails and uses it only offroad.
They are using the Alec Baldwin defense.
Whoever let out the clutch without first making sure it was in neutral - that’s who’s fault it was.
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