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View Full Version : Owner of vehicle in for service is sued after mechanic is killed



AndyLate
05-07-22, 05:50
This is too crazy to believe.

An owner brought his jeep for an oil change and tire rotation. When the service was complete, the mechanic started the jeep by pressing the clutch from outside the vehicle, and then released the clutch. The jeep was in gear and predictably lurched forward and killed another mechanic.

The mechanic did not have a license and was not familiar with manual transmissions. The mechanic is not bring sued, the dealership who employed them is not being sued, the owner is. The suit alleges that the owner "loaned" the vehicle to the dealership and is responsible, but the attorney claims the dealership's insurance will pay the money awarded.

We really do live in crazy town.

https://www.foxnews.com/us/michigan-man-sued-after-car-kills-mechanic-during-oil-change

Andy

NickySantoro
05-07-22, 08:04
Typical move for a shyster lawyer. Sue anyone who you believe will pay out.

MegademiC
05-08-22, 06:28
Obviously jeep is at fault due to their advertising.

SteyrAUG
05-08-22, 18:33
If the mechanic didn't understand manual transmissions, how did he know what a clutch was?

Also wouldn't this be covered by the dealers liability insurance given they employed the mechanic and the jeep was in their custody for paid servicing? If the jeep was on loan, how can they charge for anything?

SomeOtherGuy
05-08-22, 19:58
This is really messed up; and I say that as a Michigan lawyer.

Key point in the story:


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.

I think this is a weird interplay between worker's compensation laws and Michigan's auto no-fault law, which is itself a trip into bizarroland.

Pretty weird thinking that a dealership would have a 19yo employee doing oil changes who didn't understand the most basic function of a manual transmission.