"The 2019 Wrangler was having its oil changed at Rochester Hills Chrysler Jeep Dodge in Michigan on March 13, 2020, when a 19-year old mechanic who neither had a license nor knew how to operate a vehicle with a manual gearbox turned the vehicle on in order to let it run. Court documents indicate that the mechanic then took his foot off the clutch while it was in gear, causing it to lurch forward and run over another mechanic, Jeffrey Hawkins, instantly killing him...the family of the deceased mechanic is suing Sergio Enrique Diaz-Navarro, the owner of the car who handed it in to be serviced, accusing him of being “vicariously liable for the negligent acts”"

This is a dog bites man story in our litigious culture.

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“There comes a point where we need to stop just pulling people out of the river. We need to go upstream and find out why they’re falling in."

MI has an incredibly stupid and harmful law that predictably brought out the worst in everyone except the person getting sued.

What's the big deal.

Accidents happen.

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I am that Masked Man.

Your boos mean nothing to me, I've seen what you cheer for.

Insisting on your rights without acknowledging your responsibilities isn’t freedom, it’s adolescence.

I've been to the edge of the map, and there be monsters.

We are a government of laws, not men.

Everybody counts or nobody counts.

When a good man is hurt,
all who would be called good
must suffer with him.

You and I have memories longer than the road that stretches out ahead.

There is no safety for honest men except
by believing all possible evil of evil men.

We don’t do focus groups. They just ensure that you don’t offend anyone, and produce bland inoffensive products. —Sir Jonathan Ive

An armed society is a polite society.
And hope is a lousy defense.

You make me pull, I'll put you down.

I *love* SIGs. It's Glocks I hate.

Scattershot suing. I expect it to be dismissed.

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Saint Cloud, Minnesota, where the weather is wonderful even when it isn't.

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Speedy
Scattershot suing. I expect it to be dismissed.

Not in Michigan, the law is on the side of the person suing in this case.

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C(-)ris
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Throwback Thursday Signature:

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C(-)ris

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Speedy
Scattershot suing. I expect it to be dismissed.

Not in Michigan, the law is on the side of the person suing in this case.

Why? how can a jury find the owner of the vehicle guilty when the mechanic was at fault?

I understand the law does not allow the family of the deceased to sue the dealership (the employer) but that is stupid. So they go after the owner of the car instead. Why not go after Chrysler, the manufacturer of the vehicle? Or after the person who invented the manual transmission?

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gadje
I understand the law does not allow the family of the deceased to sue the dealership (the employer) but that is stupid. So they go after the owner of the car instead. Why not go after Chrysler, the manufacturer of the vehicle? Or after the person who invented the manual transmission?

Shhhhhhh! Don't give them more ideas...

Actually the guilty person is whoever invented the wheel.

I understand the law does not allow the family of the deceased to sue the dealership (the employer)

Why not? If anyone besides the '(incompetent) driver' should be at fault, it would be the employer. Certainly more so than the owner of the car who simply brought it in for service. If the owner dropped his car off and a dealership employee wrecked it, the owner wouldn't be at fault.

I'm surprise it actually moved. Most first time clutch releases seem to result in an immediate stall.

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gadje
I understand the law does not allow the family of the deceased to sue the dealership (the employer) but that is stupid.

The article I read (didn't read this one) said that once the owner of the Jeep was sued, the owner turned around and sued the dealership and won indemnification. So, whatever amount the family is awarded (from the owner), will actually be paid by the dealership. But still, quite a hassle for the innocent owner!

Ah, just caught this at the end of this article, hope the dealership loses!

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The dealership, however, is going to appeal the indemnity ruling, reports Fox2Detroit. If it wins, Navarro-Diaz could be responsible for all of the money awarded to the Hawkins family.

Edited 1 time(s). Last edit at 05/07/2022 04:27PM by Gareth.

That way everyone gets to pay for one person’s incompetence and negligence. The American way.

But hey, the lawyers win! And that’s the most important part.

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Yeah-big news around here. Unfortunately, it will be only the lawyers who win...

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A little break from the grief...






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