The sad case has pit two parties not responsible for a fatal accident against one another because of a Michigan law shielding employers
A Jeep Wrangler with a manual transmission is at the heart of a tragic and vexing legal dispute in Michigan that has ensnared an owner who was nowhere near his car when it was involved in a fatal accident.was having its oil changed at Rochester Hills Chrysler Jeep Dodge in Michigan on March 13, 2020, when a 19-year old mechanic who neither had a license nor knew how to operate a vehicle with a manual gearbox turned the vehicle on in order to let it run.
The matter has drawn national attention because the family of the deceased mechanic is suing Sergio Enrique Diaz-Navarro, the owner of the car who handed it in to be serviced, accusing him of being “vicariously liable for the negligent acts,” reports the . David Femminineo, the attorney representing the Hawkins estate, has argued that the situation is similar to an owner’s responsibility when they lend their car to a friend. The reality of the situation is even more complicated than that, though.
Diaz-Navarro is said to have no active negligence, and records say he has offered $100,000 in policy limits as he agrees he “is liable for damages under the owner’s liability statute.” The court, though, has ruled he is entitled to compensation and, as it stands, the dealership and the other mechanic will be held liable for any awarded damages and attorney fees in the case.
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