Posted on 05/05/2022 3:55:44 PM PDT by Morgana
The owner of a Jeep became embroiled in a legal nightmare after he handed the keys of his vehicle to a Michigan dealership where a mechanic died while working on his car.
The family of Jeffrey Hawkins, 42, is suing the Jeep owner, who has not been named, for $15million over the death of the veteran mechanic.
Hawkins, a married father-of-four, was killed on March 13, 2020, while changing the Jeep's oil at Rochester Hills Chrysler Jeep Dodge dealership in Michigan.
A 19-year-old fellow mechanic, who didn't know how to drive a shift stick and did not have a driver's license, had started the car and removed his feet from the clutch causing the Jeep to jump forward.
Hawkins, who was performing an oil change at the time, was ran over and died instantly.
It is unclear why the 19-year-old mechanic was hired despite his lack of qualifications. A lawyer for the dealership declined to comment.
Under Michigan law, employees cannot sue their employers or fellow staff members for accidents that happen in the workplace.
David Femminineo, an attorney representing Hawkins' family admitted that the lawsuit 'seems unfair' but argued that the man who had taken his Jeep to the dealership is still legally liable for the tragedy.
'If you go to lunch and give your car to someone and an accident happens, you'd be liable for that. Same thing happens here,' Femminineo told DailyMail.com Thursday.
(Excerpt) Read more at dailymail.co.uk ...
This is a standard “third party over” lawsuit to get the Employers Liability policy to pay instead of its workers’ comp policy Businesses always buy employers liability and workers comp in one combined package.
Yeah, I have gotta think this is somewhat standard practice in a situation like this given Michigan Workers’ Comp law/rules. (Thru a 3rd party to get to the responsible parties).
“Part of this problem is a shortage of trained techs.”
This is far beyond that. this kid could not even legally drive. That is just down right stupid.
Probably like Craig Livingstone in the Clinton Administration.
Nobody will ever admit to hiring him....
The owner of the Jeep should sue the snot out of the Dealership and the 19 year old, then the lawyer for engaging in unfounded vexatious litigation.
“Under Michigan law, employees cannot sue their employers or fellow staff members for accidents that happen in the workplace.”
The employee is not doing the suing, he’s dead.
The plaintiff ought to be charged with contempt of court for filing a frivolous lawsuit and any attorney who represents him should be disbarred.
I’ll bet this is supported by auto industry.
The counter suit should be huge. YES. My first thought exactly. Sue them out of existence. I have no tolerance for BS like that.
Under Michigan law, employees cannot sue their employers or fellow staff members for accidents that happen in the workplace.
In case you were wondering why lawyers have such a bad reputation.
Since the Jeep owner will have to get a lawyer for something he had no control over, he might as well get the meanest, most low down bastard he can find to take those shitheads to the cleaners for the next three generations.
” Democrats would support blaming the owner if he’s rich - say makes $50,000/year. “
Of course, if he works for 100 years that would be $5,000,000. Yes, the multimillionaire should pay his Fair Share. The 15 mil is probably just about right, wouldn’t you say?
If your car doesn’t have a clutch, you’re not driving - you’re just steering.
That’s the law pretty much in every state. Workers’ compensation is the exclusive remedy for injuries suffered in the course of employment.
As for suing the Jeep owner, that embarrasses me as a plaintiff’s lawyer.
Uh, no, you wouldn’t be, unless you knew or should have known the driver was reckless, incompetent, or unlicensed. You are only liable for negligent entrustment. At least, that’s the law everywhere I am aware of, and I doubt Michigan is different.
Dick the Butcher
Maybe the lawyers here are being smart about this.
1. Family of deceased employee wants to sue the employer for $15M.
2. Michigan law does not allow them to do this, so they sue the owner of the vehicle.
3. Michigan law DOES allow a customer to sue a business establishment, so the insurance carrier for the vehicle owner files a third-party claim for contribution from the business owner.
4. The family of the deceased gets $15M from the vehicle owner. The vehicle owner gets $15M from the business owner to cover his loss. Justice is done.
THE END.
If the owner can’t afford a long civil case then he probably doesn’t even have enough money to cover the plaintiff’s legal expenses to pursue the case. Surely he isn’t going to have $15M to his name.
Why did the 19 year old start the vehicle during an oil change ? None of this makes any sense……
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.