Car owner sued after Jeep kills Mechanic during oil change
ฝัง
- เผยแพร่เมื่อ 16 ก.ย. 2022
- Do not use a oil change service from a business that you don't completely trust and this includes the dealership.
Sadly a jeep hit a mechanic in while another was changing the oil. To make matters worse the car owner was sued even though he gave the keys to the oil change shop. There are many oil change shops to choose from such as Jiffy lube and Yes I did hear about a alleged scam but that was one shop and is it true or a bad employee. Oil change fails of this magnitude is terrible. Castrol gtx quick lube is another option. Walmart automotive center oil change. If you can perform safely and properly then you may be capable of changing the oil just talk to a professional and use good quality oil like Mobil Full synthetic extended performance 5w30 or your viscosity recommended by your car manufacturer. valvoline motor oil is one of the best engine oil such as Amsoil signature series and Lucas oil. Liqui moly engine oil for protection or even motul specific.
#mechanic - ยานยนต์และพาหนะ
![Chevy Ripped Me Off: Undercover Investigation [TRUTH REVEALED]](http://i.ytimg.com/vi/5R-KDCfm3qo/mqdefault.jpg)
This is very sad and My thoughts plus prayers are with the family.
This could have been prevented by using a hoist for cars with standard transmission.
@@SulitAE86 Hoist for automatic transmission or manual transmission is the same.
@@SulitAE86 could have been prevented by using wheel chalks and not having careless mechanics. Experts also do not say to leave the car in gear but the car in neutral with the parking brake set and the wheels chalked but not a lot of mechanics do this
A damn mechanic should know how a manual shift works.
First and foremost, if the mechanic didn't know what he was doing to move a car, him and his boss should be liable, no one else. Sucks someone died, but the car owner was not responsible for ignorance of their profession
So the EMPLOYEE, accidently killed his co worker, and a judge allowed them to sue the CAR OWNER? !!!! THAT'S PURE INSANITY!
only in murica
Welcome to liberal land were insanity is law
that's America!
And here I thought that the owner had knowingly delivered the car in an unsafe state without disclosing the problems or maybe done some dodgy modifications. No, it was just a normal manual car (we Europeans are as always laughing a little at you guys over on the other side for in general not being able to operate such a vehicle).
It sounds like a tragic accident brought about by unfamiliarity with a manual gearbox. The whole law suit sounds just ridiculous, something that many involved seems to think as well. I just wonder if it was imposed by some clause in an insurance policy or something.
That the judge granted indemnity at least shows that even if we from the outside laugh at your litigiousness, there are at least some levelheaded individuals in the system that tries to keep it as sane as possible. It is obvious why US lawyers has one of the most lucrative professions on the planet.
Yes but at least a legal precedent was set to afford the owner indemnity in this case, which will cover all such cases going forward. This is the 2020 incident that occurred at the Rochester Hills Chrysler Jeep Dodge dealership in Michigan.
Knowing how standard transmissions work should be a requirement to be a mechanic
I work at a dealership. Unfortunately, getting standard transmission cars is so few and far between, that I'm not even sure they ask if you can drive one anymore. They hire just about anybody these days
I worked at a jiffy lube, they turned down oil changes bc no one knew how to work one until I arrived. Then I was the only technician to work on standard. Even then they were cautious when someone other the me saying they knew how to drive a standard. Completely the fault of dealership.
If you don't know. Ask someone.
@@mgomez5606 I agree. Unless we have a used car that is owned by the dealership and hasn't been sold yet, the likelihood of us teaching you is pretty slim. Customer's cars aren't the place to learn.
And what about the emergency brake, was it set. Or wheel chocks.
The lawyer who brought this lawsuit should be disbarred!
You meant “disemboweled“?
No, he in fact should not. He is not suing the car owner because he wants to but has to. Employees cannot sure employers so suing the man is the only way around it. Rochester Hill Chrysler Dodge has been ordered by the court to indemnify Diaz-Navarro if he is found liable of negligence. That means that “in reality, the owner is going to be held responsible, but the dealership’s insurance company is paying,” according to Femminineo, who added that the plaintiffs hoped to be awarded in excess of $15 million. A bit of research has never killed a TH-cam commentor.
@@josephhodges9819 Basically it sounds like the legal dance. It maxes out the owner's liability insurance and then the liability insurance of the dealer. But it sounds nonintuitive. Shouldn't the dealer's insurance be sued?
@@SeekingTheLoveThatGodMeans7648 Who would sue the dealer's insurance. The law is quite clear that an employee or employee's family could not sure the employer.
Employee can't sue employer crazy everywhere else in the world they would be the first point of liability in any injury or claim.@@josephhodges9819
Don't care how tragic this accident was, going after the utterly innocent owner is disgraceful
Hey, the lawyer must have been a former employee of DA Alvin Bragg or Special Prostituter Jerk O. Smith! BAAAAWAAAAHAHAHAAAAAA! Did this schmuck work in NYC?
michigan - the governor whitless banned people from fishing during covid but allowed her husband to go boating
It's not the car owners fault , it's the 19 year olds fault and the shops fault for not training the 19 y old properly .
Shops aren't suppose to train the oil change guys how to drive.
Maybe lack of proper protocol but it's not the shops responsibility to teach an employee to drive standard
this is 100% the fault of the 19 year old. we have raised a generation so arrogant and conceited they don't bother asking questions, they just start pushing buttons and pulling levers and seeing what happens without considering the consequences. the kid should be held responsible and no one else.
@ SS camaro your right but he should know what the hell he is doing also. If you don't know whats going on ask questions or don't touch.
Its the shops liability because it happened on their property. Not the owner of the vehicle. In my opinion the owner should be compensated for his vehicles damage during this incident, even if it just a car wash to clean up the mess. The 19 yo is at fault for not informing anyone in the shop that he didnt know how to operate a manual car. His negligence cost someone their life.
Attorney thought process: 19 year old has no assets. Dealership has good attorneys. Car owner has a house, a job and can't afford good counsel. Sue the car owner.
How did the mechanic know to push the clutch pedal if he knew nothing about manual transmissions?
A lot of modern vehicles require holding the brake down for the push start button to work. That tech probably didn’t even notice there was a 3rd pedal, and just happened to push it down thinking it was the brake pedal. It would feel pretty similar after all.
If he thought it was the brake then he would have known the car would move if he took of the brake
He might have known enough to press the clutch and start the car. But likely didnt know that you have to gently and gradually release the clutch in first or reverse. He likely took his foot off the clutch pedal in an instant which allowed the catastrophe to happen.
That is an excellent point.
My thought was with no license, why did the junior mechanic operate the vehicle by pressing the ignition button, and then pressing the clutch and then ignition button again?
I have listened to court rulings on OWI for people who have pulled over and tried to sleep it off with the car in park - engine on, car in park no engine on - keys in the ignition, no engine on car in park keys in the center counsel.
Each time the judge had said that if the keys were not in the cabin and the engine was not on and the vehicle had been in park - only then would the driver had not been charged.
Did the dealership allow him to push the button?
If not- it is on the kid only.
If yes or they did not specify then it on, period.
"So let's try and ruin the car owner's life by suing them when they had nothing to do with it simply because the family deserves money" ... What a shady attorney.
The repair shop should have insurance for worker screw ups like that!
Must be California .
Glad the judge threw the case out. That lawsuit was absurd.
that's the insanity in the US. When the mechanic operates a vehicle, especially that he's long-term experienced mechanic, he is liable. His negligence and actions led to the accident, yet the deceased's family probably liket the shop and so was looking for other sources of exploitation.
I honestly think less of the family as well. It sounds sad for the guy that died but his family doesn't sound too good.
The dealer should be held liable and not the car owner. The dealer allowed an incompetent employee operate a vehicle that he did not know how to operate. And for God’s sake, why would you do what that incompetent employee did if you have never used a manual transmission? Why would you just make assumptions ? I have never operated a fork lift but if there was a man standing in front of the forklift I have enough sense not to just make assumptions and start pushing on levers 😱
Yes its a terrible situation and could have been avoided.
The kid sure knew what a clutch was for. ?
What's a forklift? (Idiocracy was a prediction)
@@eltonyancey6426 I'm willing to bet the mechanic that was pinned outside told the kid to push the clutch in ( explaining what pedal to push ) but the kid didn't know what's going on . Once the vehicle rolled slightly back he released the clutch and the vehicle jump forward killing the mechanic in front of the vehicle.
@@johnmarshall4442 Could have happened that way. So preventable.
Blaming the customer is just as ridiculous as hiring a mechanic who doesn't know how to drive a stick shift.
This is absurd. The owner is in no way responsible for a mechanic not even knowing how a manual transmission works. When a vehicle owner takes their vehicle to a mechanic, it's understood that that mechanic knows about vehicles to the degree that any mechanic is expected to. The fault is on the young mechanic, and suing the vehicle owner is the very definition of a frivolous suit. Absolutely disgusting.
I wonder if kids these days Even know what a manual vehicle is
I guess its the owners job to teach the employees how to drive manual 😂 like seriously wtf
@@fosholyfe6115alot dont lol. But in the uk most cars are manual
No way you can blame the owner. That's insane.
The law in this country is wacko! I was sued by a passenger in a car that hit me.
@@nickchallen4883 that makes more sense.
@@nickchallen4883 What was the outcome?
@@raynic1173 no it doesn't. Go back to Fortnite, adults are talking
@@llamabot9889 look knucklehead, although we don't know the details to Nick's case. This is not uncommon. A case, and investigation may reveal a full or partial responsibility on Nick's part and this may provide $ to that passenger, it may also be bullshite too. Some Ins. companies would rather settle than spend money on litigation so this can be an easy payday. So you go back to your PS.
Sounds like the dealer hired an employee that didn't know anything about cars
Who's son,brother in law was he?
Probably a shop assistant or apprentice.
@@safeandeffectivelolaprenticeship is only a UK thing
Happens so much more than people realize.
Just think how bad walmart oil change is.
@@steve00alt70says who?
A mechanic not knowing how manual works? That's mechanics 101
It's driving 101
A social media user knowing how to use grammar? That’s elementary school 101. Damn.
@@peteness9550 You would think! I wonder what's being taught in schools these days. It's so far beyond just poor grammar and spelling. Some things that are posted are essentially unreadable.
@@nicholasoconnell7732 I don't remember the last time I saw a manual transmission. Maybe it was in the 90's
@@safeandeffectivelol What?!?!
Why not sue the vehicle manufacturer as well? This is absolutely ridiculous.
These cases slowly setting precedent for suing gun manufacturers.
Cuz they can pay for good lawyers. This case is crooked as can be
In high school I had a good teacher who taught me that you can sue anyone for anything, but it doesn’t mean you’ll win. Suing is just the act of taking them to court.
If the owner of the car gets hit for this it's an indictment of our legal system more than anything else.
"always go after the guy with the cheaper lawyer"
Agreed! I am amazed that the vehicle owner could be liable for the shops sloppy hiring practices. So many lube shops have people that shouldn't be allowed on the shop floor to begin with.
@@austinh1028 nope it's because of workman comp laws that prevent them from suing the company directly. The shopped indemnified the car owner. SO even though the car owner gets sued the shop pays
I hope the shop pays, and not the young inexperienced mechanic, and definitely not the owner
@@startover125...it's still manslaughter. Accidental death is still death. Worst case, the judge/jury give minimal time/probation/damages/fines...the death still occurred at the hands of the 19yo.
The owner has no responsibility in this scenario.
The dealership is wholey at fault!
Dealership hiring idiots on the cheap !
The dealers insure responsible , but the one responsible is the one who released clutch without holding brake.
you would think
No the 19 yr old is
The owner should sue the dealer for letting an unqualified person behind the wheel.
The worker caused the accident not the car owner. The owner will win that law suit.
Yeah but will still cost him !!!
At first you had me thinking that the customer had a dangerous modification or such willful neglect on his vehicle that it caused the mechanic working on it to die... this however... blows my mind that there's a lawsuit.
That is absolutely ludicrous. Making the vehicle owner liable??? The business owner is at fault for allowing inadequately trained person do a job that required specific knowledge.
The judge didn't give the car owner anything! He brought his car to the "auto repair experts" to get the oil changed.....The dealership failed and should be held accountable.
That has NOTHING to do with the owner. It’s due to ignorance of the mechanic
"make sure to check local laws before getting an oil change" that's nuts lol
you sick son of a bitch! you just changed your engine oil, didn't you? you are going away for a looong time!
I guess if I die, I have grounds to sue myself. About as realistic as this lawsuit.
i change my own oil it doesn't even need to go on a lift as it's just high enough to get under it sitting on four tyres I still set the parking brake though.. even though it's a Automatic
No one ever even assumes someone is going to drive their car when getting an oil change. They didn't even drive it here, they just started it...
????????
This warrants a counter-lawsuit as the owner had nothing to do with it and his being sued is tantamount to larceny, unlawful enrichment and harassment.
Theft is a felony especially by deceit
That's called a defense
Yup. I’m sure the vehicle owner will have a hefty pay day.
A fucking men.
Only in Merica where the laws are just there to protect the rich douchebags that own everything.
Isn't every business supposed to have insurance for on the job accidents? This blows my mind......I'm glad i change my own!
Years ago at my first mechanic job, I "killed" my toolbox when I reached into a car with the manual trans in first gear, started it up and my toolbox lost it's life. No damage to people, or the car. Lesson learned!!!!
I'm a current mechanic, I work with idiots everyday.
I'd imagine
Im not a mechanic but do all my maintenance on my 4 vehicles
Cost more and don't know if they even did the work unless I inspect anyways.
There are lots of good competent mecahnics, but so many terrible ones with them or their company being slimy.
You’re a “current mechanic“, you work on alternators and generators, the occasional diode?
Do you ever just stop being a mechanic? Seem like a lifelong thing
We talking about co-workers or customers?
Very sad story, but this kid should not have been allowed to touch a vehicle until he was familiar with its basic operation. Both the shop and the kid are liable. So avoidable and so tragic.
I worked 40 years in the auto repair business and I can tell you how many times safety was ignored.
Just another reason to always use the parking brake.
The author doesn't note that the parking brake should have been used. I'm not sure he knows that bit of wisdom!
The lawyer need to be sued for frivolous lawsuits
People get sued all the time and usually the case is thrown out without merit. Frivolous lawsuits. The business owner failed to train his employee.
Crazy how people still don't understand that. You can sue for just about anything. Winning the case is another matter entirely
But they were Trump Supporters.
So much of it rests on that fact.
failure to train properly or supervise an employee could get a business sued if it results in a tragedy.
If the man knew enough about manual transmissions to press the clutch and started he knew he should check if it was in gear before he pulled the clutch petal up.
sometimes people have to sue because tune insurance won't do anything until they try suing and they don't hey any money from the suit, then the insurance will have to act, that's why sometimes you will hear of people having to sue family members and it sounds messed up but it's more of s technicality
The repair order should legally bind the dealership to certain responsibilities especially when on their property and in their possession. Under their supervision of managers ect.
This accident falls squarely on the dealership for safety violations.
You can thank your local attorney for crap like this.
And Politicians don't forget those slimy Bastards.
Right to work state ?
Were is OHSA & the state's workers compensation ? Was that Dealer uninsured or was his attorney just belligerent in misrepresenting this claim ?
Nope, That is, unless said attorney was part of the state legislature which made such nonsense possible.
Or more accurately the state legislators who wrote the law that allows this.
@@jeffreyrudolph5061 RTW has nothing to do with it. How many guys changing oil are unionized anywhere. OSHA and Workman's comp applies to everyone union or not.
As horrible as this tragedy was, Whatever happened to shop insurance and why should the owner be held liable when he/she was physically not present in the shop?
MetLife carshield won't pay. Blue cross often doesn't pay claims. If you work for them you aid and abet. Felony felony
Your shop
Your monkey's
Held liable for failure to properly train the employee. Now obviously it doesn’t seem like the shop owner was held liable in this case but it’s totally possible they could’ve went that route. It’s not rocket science.
@@Cyder33 the car owner not shop.
Its absolutely ridiculous, trying to sue an owner who had nothing to do with this accident...totally absurd.
That kid should be charged with negligence,,,and this business owner gets to pay for all damage
How they were able to start the process of suing the car owner in the first place is mine baffling this situation.
I think the point is, that in some jurisdictions, it is a requirement of state laws, that an attempt be made to claim from the car's owner first. Once that's been attempted, and failed, THEN you have the right to sue the dealership/mechanic.
So, this isn't actually what you think it is. It's a quirk of Michigan's insurance laws.
"As Femminineo explained to Jalopnik, the Hawkins family can’t directly sue the dealership or its management. Michigan workers’ compensation law says you cannot sue a fellow employee for negligence while on the job. So the Hawkins family’s only option was to sue the Jeep owner. But that doesn’t mean the Jeep owner will be held responsible for the accidental death.
According to Femminineo, when the Hawkins family filed suit against the Jeep owner, that person immediately sued the dealership for indemnification, and won. With that victory in place, whatever results from the Hawkins family’s suit against the Jeep owner will be the legal responsibility of Rochester Hills Chrysler Jeep Dodge (and their insurance company). Basically, while the owner of the Jeep is named in the suit, that person won’t face any repercussions from the trial or judgment."
This is just how it's handled in MI, the owner of the Jeep was never going to have to pay anything.
You can file a suit against anyone for anything. It’s a question of whether the court will throw it out or not.
Could you imagine: you take your car in for a oil change. Your now sitting at home & get a call. There has been a mishap with your car, get down here right away. You get to the dealer & hear that a man has been killed by your auto; & your legally responsible for a murder 2 rap! 🤯
That's the problem with the American legal system. You can sue anyone for anything. There's zero review process. The way things are now, you can be forced to spend thousands on legal fees even for an obviously malicious or frivolous lawsuit. People sue just to weaponize the legal system, using it to harass people.
That's screwed up big time but that's how corrupt our system is , it's never the person it's the gun , car , another person, the store but never the person that caused the problem .
He did not know how to use a manual transmission yet he knew to depress the clutch pedal to start the vehicle 🤔
It is absurd and ILLOGICAL to blame the owner of the accident,
The shop has to take responsibility for allowing someone to work on a vehicle that they couldn’t drive.
BINGO!
Not to mention it happened on their property, in the workplace, when the vehicle was in their custody.
Attempting to Bankrupt an innocent family with children for an accident that was initiated by the employer not training their employees correctly. Glad that the Judge determined the family was not to be sued.
What a screwed up justice system, that the owner could even be considered liable.
The judge should throw that case out. The mechanic was responsible for his own safety.
This isn't a real lawsuit. The lawyers just like to throw mud everywhere and see what sticks. I imagine the "grieving" family sued everyone and their brother.
Court will throw this case into the trash
@@Quakiest Well yeah, that's kind of why lawyers through lawsuits everywhere. The attorney could sue the bosses, managers, and owners of the mechanic service, the car owner, and the mechanic at the wheel, and I would imagine that only car owner and mechanic service suits actually stuck. (The actual man at the wheel could have stuck too but he likely has no money)
This is a "real" lawsuit if it occurred in a state which recognizes and applies the dangerous instrumentality doctrine.
And you heartless monster. You put the word "greiving" in quote marks! Do you really doubt that his wife and small children are absolutely devastated by this sudden and unexpected tragedy? I hope his family does not read your comment. You are a horrible person.
"The car owner wasn't charged criminally." That's mighty nice of them, especially since he had absolutely nothing to do with this other than having his name on the car's title and insurance policy and making the decision to own a stick shift vehicle.
I would like to share that there was a time in my life where I was completely broken. I didn't know where to turn. I tried crying out to family members and friends, that did not work. I finally cried out to Jesus, and he heard my cry. When the bible says God is near to the brokenhearted it is very true. I cried out to God in tears, and He eventually turned my sorrow to joy. I thank God for the gift of salvation that He gave me. Now I have a wife and 3 kids that God has blessed me with. Please stick in there and give God a chance to transform your life. Cry out to God no matter how broken you are.
@@brotherdj777 ok
They were talking about the kid who was doing the oil change and started the car
@@brotherdj777 Cult.
@@brotherdj777 off topic
As a drver trained on a manual transmission, it is standard practice to leave a manual transmission in gear in case the parking brake fails; its similar putting an automatic transmission in park.
Only in America would you sue the car owner instead of the person that actually caused the problem.
its not the car owners fault...its that kid's
Agreed
I think it's the shops, if they allow the kid to even touch vehicles with no license and no understanding of manual transmissions...
The shop sued hoping to not be sued themselves.
did the kid follow the shops work place policy? the shop should have known if he could operate a manual or not and if so he should never been allowed to start the vehicle there for the shop would be at fault how ever if he did not follow work place policy and did it on his own accord then the kid could be held responsible either was the shop was negligent and the kid was not supervised correctly and now a man is dead.
Who the hell hired a 19 year old (and apparently zero experience) with no supervision?!
Owner didnt want to pay for an experienced mechanic that cuts into profit, and when it killed his best guy he sued his customer.
What a swell person.
@@stripedassape8148 If you don't train people you don't have experienced people to employ.
@@stripedassape8148Shop owner who sues his customer won’t have any future customers, when news of this gets reported.
19 year olds are perfectly capable of changing oil if given the proper training.
its an oil change, its not rocket science
This is crazy!! The Mechainac should know what He is doing!! The owner should not be held accountable!!!
That sounds like the garage owners problem. Placing the blame on a customer is pathetic.
So, how is the owner responsible for the mechanics negligence? That's freakin insane.
Did you not hear the part where the owner hired the kid being aware that he had no license so that's negligence on the owners part no doubt.
@@brentalder7731 how is that the owner of the vehicles fault?
@@brentalder7731 the shop owner hired the dubious technician
@@brentalder7731 I think there’s a bit of a confusion. The car owner (being sued) is different from the dealership/mechanic shop boss that HIRED the inexperienced technician, right?
The car owner left his car in gear and neglected to inform the mechanic.
How the hell can you hire a mechanic with no drivers license!
Wait til you find out that people are plane mechanics without a pilot license
@@withcheeseproductions plane mechanics dont fly planes. Car mechanics drive cars.
You can have a drivers license and not know how to drive a stick. The 19 year old probably never heard of it before. Not many out there any more!
Honestly a plane mechanic should be required to get his pilot license and test drive the plane after fixing it. If his life is on the line, I guarantee they are ensuring they didn't miss or half ass things. If you can't operate it, you can't fix it.
@@seeya205 It was the old man who didn't know how to drive a stick. That man had no business being a mechanic.
Man things happen so fast. Thanks, for posting this.
One of the audible rules I often hear at my garage is “leave it out of gear, handbrake off”. It’s a consistent rule of thumb no matter the job; only consciously changed if needed. A flat workshop floor. The ability to line up for lift.
These rules should surely be on the floor management / workshop lead. Then young apprentices will learn, albeit slowly; repetition helps.
How is this the car owners fault?? This is some crazy accountability blaming.
In California, someone can break Into you're home, steal you're gun and commit a crime. They then will charge you aswell just for owning the gun..
@@mrrod3004 and this is why liberals should be banned. That's the stupidest thing I've heard today. The one that got me was that Gavin guy putting a law saying abortion up to a year old. That's just murder in reality.
@@mrrod3004 rightfully so, you shouldn’t own a gun if you don’t keep it in a secured cabinet with a secure lock
@@Progan666 because no one can break into a gun safe? By that logic, if someone breaks into your home, takes the keys to your car and runs someone over then you should be held accountable for the criminals actions.
@@mrrod3004 That's because California is a backwards state, run by communists. Ultimately they don't want you owning weapons, but that pesky 2nd amendment prevents them from completely blocking gun ownership. But they do everything they can to make sure it's as difficult as possible for non-criminals to own firearms.
The Operator is ALWAYS responsible!
The owner did not modify the vehicle.
While I was in hospital getting shoulder surgery I met this guy who was in for his 5th operation who also had a nasty experience, when he was pinned against the side of a car
while he was working at an auction dealership taking photos by a young man who was asked to move a truck and had never driven a manual {standard transmission}
not only was he hit once but a second time while he tried to reverse the truck of him.
The one who started the car in first gear and just got out of car is guilty of the mans death..
The #1 rule at my shop was "you will be seated inside the driver side with foot on brake to start any vehicle". One of my mechs ignored rule #1 and a Towncar went in reverse and ripped the driver door off as it left the shop.
That's sad, but since a jeep is high off ground I don't think you even need to back up the car. Mind you, I'd always apply the parking brake regardless. Drive an 05 civic & I refuse to trust the push button parking brake mechanizium. I'll always have a parking lever or I'd just settle for an auto. Sucks this guy had to pass away cause his help sucked, reason why I do my own work on my own cars. If I dont know anything or it's out my expertise, off to the mechanic shop it is.
same i never start cars on less im in them
I was gone on a personal day, but the gm dealership I worked at had bays on each side, so cars faced each other. The guy working in the bay across from me did a oil change on a older manual car. He reached in after filling the engine with oil and turned the key. He was talking to another tech as he did this. The car started, shot across the walkway between the bays, and smashed into my snap on tool cabinet. Luckily I wasn't working that day, but the corner of my box got smashed in. The dealership had a body shop, and they had one of their guys fix my box. Couldn't even tell it had happened
To Dave 1135, No car should lurch forward when you turn the key, the car was faulty,
@@startover125 you’re right, the car won’t even turn over the engine unless the clutch pedal is pressed when starting up. I think buddy just made that story up
The 19 year old employee's incompetence killed someone, so someone else gets blamed and has to pay for it? That kid should run for Congress. He'd fit right in.
😂
You would think the car owner could sue the 19 year mechanic. Since he didn't have a license and for damage to the car.
I have been a mechanic over 40 years, Every shop I have ever worked at required a drivers license. The only mechanics that I have known that could not drive a manual transmission are young ones in recent years. Whoever is in charge of hiring should find out things like that and require them to learn how to drive anything that they work on. I think it`s the business owner`s liability.
that is ridiculous
Yes very sad
@@NATESINTERACTIVEAUTO not sad....ridiculous
The young man who was being trained should have had training with how to operate a vehicle with a manual trans and how to operate an emergency or parking brake , also a drivers license before he was able to touch a clients car. Glad the Judge saw all the problems with this case .
Exactly the family has no NO liaabiy over what a employee does at the steelership
It sounds like the 19-year old was also lacking common sense. Not something that can be taught or trained.
"The young man who was being trained should have had training" - did you read this before posting? The negligence here is in insufficient supervision during training. How can someone who is currently being trained be already trained?
Anyone can sue anyone for any cause. The question is was the defendant liable. In this case, the owner of the vehicle was sued because of a fatal injury involving his vehicle. In order to recover damages, the plaintiffs have to prove the car owner was negligent (liable) for causing the injury or property damage i.e. did the owner modify his vehicle thus making it dangerous and as a direct or indirect result caused the injury. A jury in this case would likely find the vehicle owner not guilty of negligence however, since his vehicle was involved in the injury of the mechanic and providing the owner had auto insurance, the insured's auto policy would likely extend medical pay coverage to the injured party regardless of liability, same a homeowner's policy would.
As a former mechanic anything can happen while working on a vehicle. I almost lost my left eye, almost had my hand chopped off setting hoist pads, tooth knocked out removing u joint retainer clip, 3rd degree burns from removing transmission pan with burnt smoking boiling transmission fluid, and more. You gotta be on your A game at all times. My condolences and sympathies. I am very sorry.
Yeah, this falls on the shop 100%. I do my own oil, but damn, here's another reason for me to keep doing that. Lol
Same! I've got to the point of hating having to work on cars at all but I still do as I don't trust garages!
so do you do your own wheel alignments too?
It seems like the liability should fall on the employer of both employees for hiring an incompetent mechanics helper.
I'm glad no one was charged criminally. This is a tragedy, and I'm glad the family of the older fella isn't completely out in the cold.
sorry negligence on the mechanic
The oil change place should be liable. But aside from that, never, ever go to a quick change oil place.
Always do it yourself anyway. Saves money and gets done properly.
It was the dealership.
...and don't fill the filter with oil.
@@timd1833 Always fill the filter with oil. Unless it's positioned where it can't be.
@@nodak81If you fill your filter and then fill your engine, there is no margin for error if you overfill the crankcase. People do it, but for that very reason I don't.
How in the hell would any judge not throw this out?
He explains in later in the video, the judge gave the car owner indemnity.
It took a 2nd trial to clear the owner... wow
Because the court system and our rights
from an outsiders perspective, i am always amazed at the american legal system
@@fritzkuhne2055As a Western European, I used to be amazed too, until since late 90s to 00s and worseningly continuing in 2010s and 2020s, got to notice that our legal system has become very similar, in some aspects even lots worse.
Leave it to a group of BAR attorneys to create idiotic policy that makes someone liable when they had zero involvement in an accident.
How TF the owner can be responsible for the incompetent mechanics...
Ridiculous.
The incompetent mechanics and the shop should have been sued by the owner, as he has to drive a car that has taken someone's life.
Here's my issue with it. Say I give permission to my friend and he causes an accident. Okay I should had known better, my friend was not a professional in anyway. However, a mechanic is supposed to be a professional, there is a level trust there that goes well beyond just lending my car to a friend. Not only that but you trust the dealer has at least done some background checking and having a license seems like a requirement to be a mechanic or at least should be.
I believe we should be checking anything that may be needed in the job.
It was a non driver's license employee who was very young and didn't know how to drive a vehicle so I hope you are starting to understand....Craig.... because you seem to lack some understanding of the situation or you lack the ability to type your opinion correctly
@@glennbeadshaw727 what he is saying is you shouldn't be a mechanic if you cant even operate a car. I have no medical experience would you trust me to perform surgery on you? Do you think a hospital should hire me as a surgeon even though I have no training?
I agree. I would sue the shop because I was sued for there incompetence
@@glennbeadshaw727 Where does it say the man had no driver's license?
Glad the car owner was given indemnity. Clearly no fault on his part.
New word I learned
Had a similar situation take place when I was a young lad working at a garage. A mechanic attempted to drive a K5 Chevy blazer onto the lift but wasn’t familiar with hand controls as this was a handicapped vehicle. He proceeded to drive right over the lift and smashed a large tool box through a cinder block wall! Fortunately no one was killed just some minor injuries and a totaled vehicle.
Ignorant 19 year old operating another's vehicle doesn't place liability on the owner.
This whole situation is so incredibly awful. I put the blame on the business where the 19 year old worked. We see this so often in businesses across-the-board, management is too lazy or because of ever increasing budget restrictions nobody takes the time to properly train new employees. It's really a shame, quality service is slipping away. I guess one good thing, if anybody starts a new business and really focuses on quality customer service they will most likely have more business than they know what to do with. People will pay more to feel appreciated and be treated right.
That worked out ok for me BUT took years to get a good customer base willing to pay the extra 50% it costs to do it right
It's also the workers fault..i worked at an auto parts store and did not ever but once rev a car because I can't drive. What he did was unacceptable because he should know better as a worker without a license to start moving a shifter.
My dad currently owms/operates the auto repair shop that my grandfather (who still actually shows up and works EVERY single day, all day long, albeit at a little slower pace than he did in years past lol) literally built from the ground up and opened the doors shortly after his time in the Army, not long after the war in Vietnam was over. I'm next in line to take it over in coming years, and all my life both my dad and grandfather stressed how important it is to be honest and up front with the customers and to never rip them off or not to even make any additional repairs beyond what you told them without first talking with the customer, unless they had already given the go ahead to do whatever is necessary beforehand. That's how our shop has always been ran, and I must say that we do indeed stay SWAMPED with more work than we know what to do with, year-round. We've seen multiple other shops open in our small town, only for 95% or more to end up shutting down after a while due to lack of, or inconsistent amounts of customers/return customers. In my 33 years on this earth, I've NEVER known of such problems at our place. From the time a customer first speaks with us, it's usually at least 1½-2 weeks or more before we actually are able to begin the repairs on their particular vehicle. That's very average for us, pretty much all year long, but of course spring/summer times always seem to bring in more work than the colder months. I guess more people are out doing stuff, and breaking things when the weather is warmer lol
im now the older mechanic and when i walk around the shop i do whatever i can to not get into these situations. just try to put yourself where the car would not hit you if it decides to run off.
There’s no way you can be a mechanic and not walk in front of or behind cars lol
@@clamcrewcarclub6017 Of course not- and he did not say that- but you can keep an eye out when you are in front or behind a car- just as if it were a horse- duh....
@@roberthooper8883 lol I just noticed he said “try to,” for some reason when I posted that comment I thought I remembered his comment saying he never does it. Regardless, when I worked at a Toyota dealership in the service department, you were always in the warparth of at least one vehicle in busy garages, you might even be standing under a 3000 LB car balanced on some metal beams just to change the oil 😂 and we’ve all seen cars fall off lifts
@@clamcrewcarclub6017 You have only seen a car fall off of a lift if it wasn't put up correctly, or if it was disturbed in an improper way after it was up there, or if the lift itself actually failed. I don't know what century you are referring to, but every lift I have seen and/or used has a safety feature on it- some use it, some don't (some are automatic). Regardless, his comment was correct as written. But hey- it's all good! I think the point is that not enough people practice safety- they want to walk around assuming everything will always "go right" around them. When I was going thru police academy- one of the first things an old cop instructor told us was: Most people walk around in relax mode all the time. Don't walk around in orange or red mode, but stay around the yellow area- always watch, always keep an eye out. Many people who have been victims were in "relax" or blue mode, without a care in the world." I followed that advice and boy was he correct! Most people that get into bad situations- if you really go back and look- were not watching or understanding their environment very well.
Never get in front of or behind a running car with someone in the front seat.
Totally sad at what liberalism has done to this Country. It is always someone else's fault.
Right on 😂, he failed to use e brake and wheel chocks for extra safety on start up and now it's someone else's fault
this is what a company's liability insurance supposed to pay for
Sounds to me like they were purposely trying to NOT sue the shop owner because they were buddies with him. They were trying to pin it all on the car owner. If that was their reasoning, then I really don't feel sorry for the family at all.
Moral of the story is never let a newbie start or drive customer vheical. He should have been properly trained to put the car out of gear and apply the emergency break. This is completly the shops fault. I have been a mechanic for 20+ years. Never trust anyone. Always check and make sure ebrake is engaged and car is in park or in this case neutral. My sympathy goes out to the family that lost a good man. God bless and lets all learn from this mistake.
...or never go to a quick change establishment.
@@K03sport Pretty sure this happened at a dealership.
we were always trained to just not start a vehicle if its on a car lift off the ground... even if its only 2 inches off the ground... 1. because its a royal pain in the ass to put a vehicle that has fallen off a lift back on the lift and 2. because its just not safe... like how long and how much effort does it take to hold the down lever on the car lift...
That's a question they ask during interview. Do you know how to drive manuals? Then he attempts and dies. What if he stayed alive and drove through the shop? Completely the owner of the shops fault!
Another problem is some repairs have to be done by the dealership because the software can only be programmed by the dealership. Changing a brake accumulator on my Lexus LS460 is a pretty straightforward procedure, however, only the dealership can re-program it with their software. There isn’t another scan tool out that can do this procedure, so sometimes we have no other choice but to let a dealership do repairs.
On Claas A truck license, it says you can drive automatic only or manual (both) ..... but not on class C . transmission.
this problem reaches way beyond this occurance. common sense and critical thinking has been taught right out of us by broken families and useless schools.
THAT!!!!...is the real problem !!
I learned how to write sentences.
More of a shallow gene pool now days
What car owner could do to avoid ths situation? He gave his car to a shop hoping that professional mechanics know what they are doing. Your law is just crazy.
If anything, shop should take blames for incompetence. 🤦♀️
UNJUST
Don't live in Michigan or go to a mechanic in Michigan. That's what set up this convoluted mess that required the owner to sue the dealership to be indemnified in the lawsuit filed by the victim's family.
Still, if you have insurance (as you're required to have), they represent you legally. They sue the dealership on your behalf so they will indemnify you in the lawsuit filed by the family. It's convoluted, but how this process works in Michigan.
@@karlrovey I'd HOPE that is the case at least in Michigan, but last time I looked my insurance policy (in a different state) said that its responsibilty to defend ends if it settles to the maximum policy limit. That wouldn't cover what the family sued for, not close. Hopefully the owner's insurance says "Not even one cent!" and pushes it to this point in court.
How could the car roll forward on level ground while in 1st gear?
That is the most ridiculous thing I've ever heard in my life.
This is scary. I work at a repair shop. Just imagining this situation in my head just has me shook. I pray the family of the mechanic is going to be ok.
What situation. Not knowing what ur doing. He worked at a car shop and didn't know how to operate a standard. His fault. Sorry not sorry. It is what it is.
Forreal I was has some sketchy stuff but dam
PEOPLE ARE RECKLESS....COVER YOUR OWN ASS FIRST
A pristine example of "The law is an ass".
Rule number 1 with a manual transmission always set the parking brake.