Owner Drops Off Jeep® For Oil Change And Gets Sued For A Deadly Accident!
Its A Sad Story, On Both Sides...
All of us who own an internal combustion engine (ICE) vehicle, have taken our vehicle in for a routine oil change. When we hand over our keys to the dealer for any work, we are putting our trust that they will do a good job servicing and maintaining our vehicle.
But for one customer who handed over their keys to Rochester Hills Chrysler Dodge Jeep Ram, they are getting sued after their vehicle was involved in a deadly accident killing a dealership employee.
According to a filing from the Occupational Safety and Health Administration (OSHA), at 8:30 a.m. on Friday, March 13th, 2020, a 19-year-old mechanic at the dealer was just finishing up an oil change on a manual transmission Jeep. Another mechanic, 42-year-old Jeffrey Hawkins was kneeling on the ground, removing gallon-sized containers of coolant from a cabinet in front of the vehicle.
At the same time, the mechanic who just finished the oil change put one foot inside the vehicle on the clutch pedal and started the vehicle. He did not realize that vehicle’s transmission was in 1st gear, nor was the parking brake set. When he released his foot from the clutch the Jeep “lurched forward” about four feet, striking the other mechanic who was removing the coolant containers, causing multiple blunt force injuries from the vehicle and toolbox, he was killed instantly.
While it sounds like a freak accident, has now turned into a lawsuit where the vehicle’s owner is being sued by the family of the victim.
In an interview with FOX 2 Detroit (WJBK), attorney David Femminineo, explained that because of a “legal standard” he can’t sue the dealership. Because the accident happened at work and involved two employees, you can’t sue the employer for that situation.
FOX 2 reporter Charlie Langton asked Femminineo, “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.
There is also the question of the mechanic who performed the oil change and started the vehicle. “He didn’t know how to drive a stick, and he had no license,” the attorney told Langton. Langston then asked, “Why did the dealer hire him?” “That’s what I’d like to know,” Femminineo responded.
FOX 2 reached out to the lawyer of the car owner, but he declined to comment on pending litigation. He did say that he planned on fighting the case in a trial, which is scheduled at the end of May.
A very interesting case, which will make you second guess the next time you hand off your keys when you are in for service.
Source: FOX 2 Detroit
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