Car owner who left Jeep at dealership gets sued after worker dies during oil change

[Teh One Who Knocks]

By Charlie Langton and David Komer - FOX 2 Detroit




MOUNT CLEMENS, Mich. (FOX 2) - A man takes his car for an oil change and gets sued - after his car was involved in a deadly accident killing a worker while at the dealership.

On March 13, 2020, the customer took his car to the Rochester Hills Chrysler Jeep Dodge dealership and a young 19-year-old mechanic attempted to change the oil. But something terrible happened.

"He starts the car, removes his foot from the clutch, and you know what happens? The Jeep jumps and kills my client," said attorney David Femminineo.

The vehicle hit and killed employee Jeffrey Hawkins, a married 42-year-old, father of four, and a lifelong mechanic.

"He was an excellent man," Femminineo said. "The 2-year-old who was about 1 at the time of the accident, the time of the death, he'll never know his father."

Mr. Hawkins died instantly in the accident.

FOX 2: "Did the 19-year-old know how to drive a stick?"

"He didn't know how to drive a stick, and he had no license," the attorney said.

FOX 2: "Why did the dealership hire him?"

"That's what I'd like to know," Femminineo said.

But hold on one minute -

FOX 2: "You must be suing the dealership?"

"We can't because of a legal standard that is involved," the lawyer said.

That's because the accident happened at work and involved two employees and you can't sue the boss in that situation.

But attorney David Femminineo claims that the person responsible is the owner of the car.

FOX 2: "You're suing the owner of the car who's getting his oil changed who did nothing in this case?"

"I have to do that," Femminineo said.

That's the law. FOX 2 reached out to the car owner's attorney - but he had no comment on pending litigation, other than to say he's going to fight this case in a trial at the end of May.

"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.

[PorkChopSandwiches]

[deebakes]

[DemonGeminiX]

This is the dumbest thing I've read regarding litigation in a long time.

[Godfather]

This is... wild. I can't imagine this gets anywhere near a courtroom?

FOX 2: "You must be suing the dealership?"

"We can't because of a legal standard that is involved," the lawyer said.

I'm confused. You usually can't sue your employer if you're injured/killed during the normal course of work (barring some exceptions), but that's exactly what Worker's Comp is for.

[Godfather]

Found a little bit more info here: https://www.charlotteobserver.com/ne...261117932.html

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.

Attorney David Femminineo, representing the estate of Hawkins, compared the owner’s responsibility in Hawkins’ death to when you lend your car to somebody so they can pick up lunch. If that person was to injure someone with your car, he told McClatchy News you would be liable for any negligent acts that occurred because you gave him or her permission to drive your car.

But, Femminineo said, the Rochester Hills Chrysler Jeep Dodge dealership where the incident occurred has been ordered by the court to indemnify Jeep owner Diaz-Navarro if he is found liable of negligence. This is confirmed in a summary filed in court on March 1.

“So in reality, the owner is going to be held responsible, but the dealership’s insurance company is paying,” Femminineo said, adding that they hope to be awarded a verdict in excess of $15 million.

[Pony]

This is... wild. I can't imagine this gets anywhere near a courtroom?



I'm confused. You usually can't sue your employer if you're injured/killed during the normal course of work (barring some exceptions), but that's exactly what Worker's Comp is for.

I'm lost. So an employee knowingly tried to drive a car he knew he wasn't capable of driving, I'd assume that his bosses knew he couldn't drive stick shift. So basically the company put him in a position to do a job he was not properly trained to do and it resulted in death, how could they not be charged and sued at least for negligence?

[Godfather]

One of the exceptions to being able to sue your employer despite worker's comp is if the injury is aggravated by something related to employment that the employer fraudulently conceals. But the plaintiff's lawyer is still saying they can't sue the employer directly so either that law doesn't apply in Michigan or it didn't meet the legal standard for fraudulent concealment... or I'm way off base entirely.

[lost in melb.]

How can a dead man sue?

[Godfather]

Rhetorical question? Estates can sue in the name of a dead person.

[lost in melb.]

Fair enough, but it's not worded like that. In Australia the relatives would sue.