Generally, when you take your car for a service, you don’t expect to be the target of a lawsuit because your car killed someone while you weren’t there. Unfortunately, that’s what happened to a Jeep owner in Michigan, according to a Fox 2 Detroit report that aired last week.
Reportedly, a car owner took his 2019 Jeep Wrangler to his local Chrysler-Jeep-Dodge dealership in Rochester Hills for a simple oil change in 2020. This oil change was done by two technicians, one of whom was a teenager without a valid driver’s license, who got into the vehicle while it was working. The Jeep had a manual transmission and was parked in gear. When the mechanic accidentally touched the clutch, the Jeep suddenly jumped forward, crashing into fellow mechanic Jeffrey Hawkins. Hawkins passed away. Hawkins’ family blamed the dealer for the incident.
This is where things get complicated. Michigan has laws that prevent employees (and, by extension, employees’ families) from suing their employer or co-worker for workplace accidents. There is also another law that specifically prevents a car dealer from being held liable for the actions of people authorized by a customer to drive their vehicle.
This puts Hawkins’ wife and children in a difficult position. At this point, lawyer David Femminineo steps in, who suggested that if the court decides in their favor, they should target the owner of the vehicle as a proxy in a way that puts the dealership in a position where the insurance company must pay the family. A trial will begin on May 20, and Hawkins’ family is seeking $15 million in damages.
While this may all sound somewhat convoluted and even a bit extreme, this litigation process is very similar to what would happen if you handed your keys to a valet parking attendant and then that officer injures someone with your car. Now everyone is waiting for the verdict at the end of the case.
12101
