Crazed Car Kills Mechanic, Owner Off The Hook?

Would you believe a Michigan car owner got sued for $15M after his Jeep killed the mechanic during an oil change at the dealership? Believe it. And, btw, also think twice about giving your keys to a crazed pot-smoking parking valet.

According to the Fox News account: “Sergio Enrique Diaz-Navarro took his red 2019 Wrangler to a Chrysler Jeep Dodge dealership” for an oil change and tire rotation. But, after 19-yr-old Daniel Thompson worked on the car, “the vehicle lurched forward as the young employee attempted to operate it, crushing 42-yr-old mechanic Jeffrey Hawkins against a cabinet.” So why sue the car owner and not the dealership? The Hawkins estate’s attorney maintains the dealership can’t be sued because of state law “preventing an employee from suing their boss for negligence.” Ok. But, he’s referring to the state’s worker’s compensation law, in which an employee might not be able to sue the boss for common law “negligence,” but the boss is damn sure strictly liable for “death benefits” to dependents. Problem is that these death benefits are relatively modest, usually based on a percentage of the deceased’s pay check.

As usual, then, it can be a matter of who has the “deepest pocket” to sue. The estate attorney went on to justify his suing the car owner “in the same way someone who lent another person their vehicle [e.g., a parking valet] would be liable for any injuries caused by the driver.” Ah. So, then, the sued OWNER can turn around & sue the negligent DEALERSHIP so’s to be indemnified (aka reimbursed) for whatever judgment is levelled against him? Exactly. “So, in reality,” the estate’s lawyer said, “the owner is going to be held responsible, but the dealership’s insurance company is paying” the estate AND the attorneys 33% contingency fee (rather than the far lesser amount allowed counsel under Workers’ Comp.) Ain’t American tort law beautiful?

Davd Soul