Can you believe this story?

   / Can you believe this story? #1  

Pixguy

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Read this story and tell me this isn't crazy.

Michigan car owner sued after Jeep kills mechanic during oil change

on edit for those who cannot or won't go on the dastardly Fox News

Don't like my ad blocker. Oh well.
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.

Thompson had lowered the Jeep from the vehicle lift, and then tried to start the car and let it idle to ensure there were no oil leaks around the filter, according to court records.

"Thompson reached into the vehicle and pressed brake with his right foot, keeping his other foot on the floor," the plaintiff summary reads. "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."

Hawkins was taken to the hospital, where he succumbed to his injuries, according to The Kansas City Star.

Attorney David Femminineo, who is representing Hawkins' estate, told FOX 2 that Thompson did not know how to drive the vehicle's manual transmission and did not have a license. The attorney also said the dealership cannot be sued because of a legal standard preventing an employee from suing their boss for negligence, which, in this case, would be the hiring of someone who should not have been driving.

Because the incident happened at work and involved two employees, the boss cannot be sued, FOX 2 notes.

Diaz-Navarro's attorney told FOX 2 he plans to fight the case in a trial later this month.

"When you hand your car over to anybody including the valet or the person at the service desk at your local dealership, you better be able to trust that person," the attorney said.

According to a summary filed in court on March 1, the court has ordered the Rochester Hills Chrysler Jeep Dodge dealership, where the incident occurred, to indemnify Diaz-Navarro if he is found liable of negligence.

"So in reality, the owner is going to be held responsible, but the dealership’s insurance company is paying," Femminineo told McClatchy News. He said he hopes a verdict in excess of $15 million is awarded.
 
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   / Can you believe this story? #7  
That story came up in my news feed earlier. I guess they're sueing everyone, hopeing something will stick. It certainly won't do anything but cause a potential hassle for the car owner.
Lawyers are a blight on society, and we all pay for it.
 
   / Can you believe this story? #8  
Read this story and tell me this isn't crazy.

Michigan car owner sued after Jeep kills mechanic during oil change

on edit for those who cannot or won't go on the dastardly Fox News


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.

Thompson had lowered the Jeep from the vehicle lift, and then tried to start the car and let it idle to ensure there were no oil leaks around the filter, according to court records.

"Thompson reached into the vehicle and pressed brake with his right foot, keeping his other foot on the floor," the plaintiff summary reads. "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."

Hawkins was taken to the hospital, where he succumbed to his injuries, according to The Kansas City Star.

Attorney David Femminineo, who is representing Hawkins' estate, told FOX 2 that Thompson did not know how to drive the vehicle's manual transmission and did not have a license. The attorney also said the dealership cannot be sued because of a legal standard preventing an employee from suing their boss for negligence, which, in this case, would be the hiring of someone who should not have been driving.

Because the incident happened at work and involved two employees, the boss cannot be sued, FOX 2 notes.

Diaz-Navarro's attorney told FOX 2 he plans to fight the case in a trial later this month.

"When you hand your car over to anybody including the valet or the person at the service desk at your local dealership, you better be able to trust that person," the attorney said.

According to a summary filed in court on March 1, the court has ordered the Rochester Hills Chrysler Jeep Dodge dealership, where the incident occurred, to indemnify Diaz-Navarro if he is found liable of negligence.

"So in reality, the owner is going to be held responsible, but the dealership’s insurance company is paying," Femminineo told McClatchy News. He said he hopes a verdict in excess of $15 million is awarded.
Guy didn't know how to drive a manual transmission...
No doubt the Jeep was in gear when he let off the clutch
And the own gets sued...utter BS
 
   / Can you believe this story? #9  
Letos law (Youtube.com) did a segment on this. Has to do with strict liability vs workman's comp laws. It's the same liability as if you loaned your car to someone. Although in this case the dealership has to protect the owner.
 
   / Can you believe this story? #10  
It’s not lawyers, it’s judges. This should have been thrown out as soon as it was filed.

Actually it's your state legislation. They set the statutes. Judges just don't fly by the seat of their pants unless they overstep said state statutes.
 
 
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