Posted on 05/07/2022 6:08:21 PM PDT by ChicagoConservative27
A Michigan man who left his car at a dealership for an oil change and tire rotation is being sued after his vehicle was involved in the death of one of the dealership's employees.
Sergio Enrique Diaz-Navarro took his red 2019 Wrangler to a Chrysler Jeep Dodge dealership on March 13, 2020, and 19-year-old lube technician Daniel Thompson worked on the car. After the service was complete, the vehicle "lurched forward" as the young employee attempted to operate it, crushing 42-year-old mechanic Jeffrey Hawkins against a cabinet, court records show.
(Excerpt) Read more at foxnews.com ...
I love how the guy who literally caused the death is the only one with no liability.
Screw them all.
No. This was a manual transmission the young employee didn’t know how to operate. The Jeep automatic had the defect.
Posted here a couple of days ago: https://freerepublic.com/focus/f-chat/4060739/posts
The Jeep owner is “off the hook”:
“As Femminineo explained to Jalopnik, the Hawkins family can’t directly sue the dealership or its management. Michigan workers’ compensation law says you cannot sue a fellow employee for negligence while on the job. So the Hawkins family’s only option was to sue the Jeep owner. But that doesn’t mean the Jeep owner will be held responsible for the accidental death.
According to Femminineo, when the Hawkins family filed suit against the Jeep owner, that person immediately sued the dealership for indemnification, and won. With that victory in place, whatever results from the Hawkins family’s suit against the Jeep owner will be the legal responsibility of Rochester Hills Chrysler Jeep Dodge (and their insurance company). Basically, while the owner of the Jeep is named in the suit, that person won’t face any repercussions from the trial or judgment.”
https://jalopnik.com/why-a-jeep-owner-is-being-sued-for-a-mechanics-death-du-1848884952
Since was No Start due to shifter being in gear and clutch out, kid put right foot on shop floor and used LEFT foot to engage clutch and started vehicle while shifter was in gear, then released clutch.
Correction…kid used his right foot to engage clutch while LEFT foot was on shop floor.
Femminineo..... great name.
A judge that allows this to go forward without dismissing the car owner as a defendant should be disbarred.
This question may seem ridiculously Off Topic, but it’s not:
“What size shoe does the mechanic wear?”
I ask, because I’m one of those short guys (5ft-8’) with big feet (Size 14 EE), and I have always had to be very careful to make damn sure my right foot was completely on the gas or completely on the brake pedals. I used to experience a sudden lurch forward, usually while coasting to a stop, and I would blame ‘mechanical malfunctions’ too. Then I was forced to admit, at least to myself, that my toes were probably pushing the brake while my heel was on the gas.
Their argument:
“a person who lends their car is liable for negligent acts because they gave the other person permission to use their vehicle”
If the owner is a white guy, he’s guilty.
/s
The Dealership only when I can’t do it myself.
I only have one vehicle under warranty [a lease vehicle that I really don’t own].
This is pretty dumb stuff.
No sane Judge would ever treat this case seriously.
Any decent judge would toss the case and cite the plaintiff for contempt of court for filing a frivolous lawsuit. And any attorney who represents the plaintiff should be disbarred.
Who drove it onto the rack (or over the service pit), then left it in gear, and didn’t set the brake, if the kid couldn’t drive a stick? Perhaps the deceased, in which case he would have a share in the liability due to negligence?
You never know when one of those big things will just come out of no where , engine racing , tires squealing..... *shudder*
that my toes were probably pushing the brake while my heel was on the gas.Believe it or not, That technique works for stopping on slippery roads.
Keeping a little power to the wheels while braking will prevent the wheels from locking up. It takes coordination and practice but it works.
It works best on 4x4. It might kill the motor on a stick. but better the motor than you or someone else.
Usually worker compensation gets reimbursed when a third party is responsible for injury or death. The family of the dead employee will get money from the vehicle insurance and possibly the dealership if they can prove negligence. The car owners insurance will fight the case on his behalf.
Even my umbrella insurance doesn't go this high, so I see the family bankrupted and being able to sue the oil change place to get some money back.
None of that is “justice done.”
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