Michigan man Sergio Enrique Diaz-Navarro sued after Jeep kills mechanic Jeffrey Hawkins throughout oil change

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A Michigan man who left his automotive at a dealership for an oil change and tire rotation is being sued after his automobile was concerned within the loss of life of one of many dealership’s staff.

Sergio Enrique Diaz-Navarro took his crimson 2019 Wrangler to a Chrysler Jeep Dodge dealership on March 13, 2020, and 19-year-old lube technician Daniel Thompson labored on the automotive. After the service was full, the automobile “lurched ahead” because the younger worker tried to function it, crushing 42-year-old mechanic Jeffrey Hawkins in opposition to a cupboard, court docket data present.

Thompson had lowered the Jeep from the automobile elevate, after which tried to begin the automotive and let it idle to make sure there have been no oil leaks across the filter, in line with court docket data.

“Thompson reached into the automobile and pressed brake along with his proper foot, maintaining his different foot on the ground,” the plaintiff abstract reads. “He pressed the beginning button. When the automobile didn’t begin, he took his foot off the brake and depressed the clutch pedal. He once more hit the beginning button. This time the Jeep began. He eliminated his foot from the clutch, nonetheless standing outdoors the automobile. The automobile lurched ahead.”

Hawkins was taken to the hospital, the place he succumbed to his accidents, in line with The Kansas Metropolis Star.

Diaz-Navarro and Thompson had been each sued in a Michigan circuit court docket in March 2021.

Lawyer David Femminineo, who’s representing Hawkins’ property, informed FOX 2 that Thompson didn’t know the way to drive the automobile’s guide transmission and didn’t have a license. The lawyer additionally stated the dealership can’t be sued due to a authorized normal stopping an worker from suing their boss for negligence, which, on this case, could be the hiring of somebody who shouldn’t have been driving.

As a result of the incident occurred at work and concerned two staff, the boss can’t be sued, FOX 2 notes.

Diaz-Navarro’s lawyer informed FOX 2 he plans to battle the case in a trial later this month.

“If you hand your automotive over to anyone together with the valet or the individual on the service desk at your native dealership, you higher have the ability to belief that individual,” the lawyer stated.

The court has ordered the Rochester Hills Chrysler Jeep Dodge dealership to indemnify Diaz-Navarro if he is found liable of negligence.
The court docket has ordered the Rochester Hills Chrysler Jeep Dodge dealership to indemnify Diaz-Navarro if he’s discovered liable of negligence.
Fox 2

Femminineo informed McClatchy Information that the automotive proprietor is liable for Hawkins’ loss of life in the identical means that somebody who lent one other individual their automobile could be answerable for any accidents attributable to the driving force. He stated an individual who lends their automotive is answerable for negligent acts as a result of they gave the opposite individual permission to make use of their automobile.

In response to a abstract filed in court docket on March 1, the court docket has ordered the Rochester Hills Chrysler Jeep Dodge dealership, the place the incident occurred, to indemnify Diaz-Navarro if he’s discovered liable of negligence.

“So in actuality, the proprietor goes to be held accountable, however the dealership’s insurance coverage firm is paying,” Femminineo informed McClatchy Information. He stated he hopes a verdict in extra of $15 million is awarded.

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