Owner of Jeep left at dealer for oil change is sued after tragic accident

[Terry]

WTF? Guy brings his manual trans Jeep to the dealership for an oil change (Probably his free WAVE change). 19yr old tech with no drivers license and who doesn't know how to drive a stick tries to drive it anyway. Ends up running over another mechanic. Tragic. So now, apparently under Michigan law, the Jeep's OWNER is at fault is is getting sued for $15mil?
Again, WTF?

https://www.fox2detroit.com/news/wh...lership-employee-was-killed-during-oil-change

The owner isn't..... No matter the expected outcome, plaintiff's counsel will sue every person or entity who even rolled an eye at the dealership and or the vehicle in the preceding 2 years. I see this every day in my work where defendants are dropped as the case continues. It provides plaintiff's counsel with an opportunity to depose any and every one they want to get their statements on the record and to build their case. The dealership will eat this one. and they fully expect to do so. I carry 1-2 million in PL / PD and 5 mil in umbrella just for this reason.

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[Barnaby’sdad]

My only comment, beyond how stupid it is that the owner is responsible for someone else's mistakes, is that even if you don't know how to drive stick, the brakes work the exact same way as on an automatic. Why didn't he stop? Did he get out and leave it in neutral with no parking brake, or did he just go forward/backward and not hit the brake pedal?

Absent details (I missed it if someone posted them), my guess would be panic. I.e. Let out the clutch, freaked out/panicked, and mistakenly hit the gas instead of the brake.

If you’re new to something (i.e. It sounded like this person wasn’t familiar with operating a manual transmission), it’s pretty easy to get task saturated, get caught up and focus on something that you shouldn’t, and end up with a bad outcome. Heck…that even happens with people that have thousands of hours of experience doing things.

 

[OngsterA]

I worked in workers compensation, accidents and settlements etc. The minute the workers comp company accepts the claim, the family loses the right to sue. Period. Not allowed by law. And believe the amount of the death payout is usually low and governed by state law. That only leaves a third party for a suit. The 19 year old has not $$ so a suit against him personally is not worth it. That then leave indemnity. The families attorney has not intent or desire to to get any $$ from the owner. They are using indemnity to be able to recover from the dealership. It is all legalize. The owner should not worry. What the attorney is doing it logical in order to recover from the dealer. The workers comp companys will place a lien against the settlement to recover. Then the rest will go to the family. Again, the owner has nothing to worry about. They will end up paying nothing. They are just a cog to recover from the dealer.

Usually the attorneys explain it to him. I work with a legal department now and they do walk them through it. News stories don't usually give the background. They just like the scare tactics. The most the owner will have to do is do a deposition that states he was at the dealer for the oil change which was under the Jeep Program. That will be it. The rest will be between the family and dealer.

This should operate the same way in any of the 50 states, correct, including CA? Just need some clarity of the legal aspects

 

[CJXJJT]

I always laugh when people are too lazy to change their oil and put their expensive vehicle in the hands of complete idiots.

Well,
First off, most people in the service part of the industy are good working class people just like you and I.
Second, it's not at all about being lazy. My Gladiator came with four free oil changes, I would be an idiot indeed for not taking advantage of that fact.
Third, there are many reasons why people have a dealer service their vehicle. Lack of proper tools. lack of knowledge. To maintain proper service records for warranty purposes. This list could easily be ten times longer.
I service my own vehicles whenever possible. But sometimes it's just not convenient.
So laugh all you want but there's no beer and a handshake at my camfire for that kind of self righteous attitude...

 

[Barnaby’sdad]

Well,
First off, most people in the service part of the industy are good working class people just like you and I.
Second, it's not at all about being lazy. My Gladiator came with four free oil changes, I would be an idiot indeed for not taking advantage of that fact.
Third, there are many reasons why people have a dealer service their vehicle. Lack of proper tools. lack of knowledge. To maintain proper service records for warranty purposes. This list could easily be ten times longer.
I service my own vehicles whenever possible. But sometimes it's just not convenient.
So laugh all you want but there's no beer and a handshake at my camfire for that kind of self righteous attitude...

Yup. That and I get two days “off” in a week. I have to work in upkeep for a ~40 year old house (I spent my last ”vacation” day painting) on a ~1 acre lot with lots of trees (the privacy is awesome until fall rolls around, lol). If I can drop my vehicle off for service, go about my routine, and go pick my truck up following lunch with the wife and dog…that’s just working smarter, not harder.

If you’ve got nothing better to do with your time and don’t mind storing and having to dispose of the oil eventually (it seems like all the local parts stores always have a full oil dump)…sure…have at your oil changes.

 

[Diarmuid]

Owned a Jeep Patriot years ago that I bought primarily for the factory lifetime powertrain warranty. This was in 2007, when Chrysler was struggling to stay afloat and desperate to get vehicles sold. At 93,000 miles the transmission went out. If not for my oil change records, one of which showed that transmission oil levels had been checked, then my claim would have been denied. Both the dealership and the Chrysler rep. told me as much. There was only that one documented record, but it was enough to show I had not been "negligent in my maintenance" of the vehicle. I can't imagine many warranties today covering much without a record trail. We're just too litigious of a society, unfortunately.

 

[chorky]

So on the other hand if a thief steals your ride, goes on a chase, cops and peds get hurt- you’d also by this laws logic be responsible?
that’s beyond crazy. That the kinda stuff that makes people think about acting outside of the law….
im merely just saying. People in an unfair corner might do unpredictable things…… enough of that crazy right??? Next;
however when I go to the dealer I have an expectation of product knowledge and expertise as solicited by the agency. It’s both implied and expressed. How would he not expect a competent operator to be driving his car? That law needs to be trashed.
im also thinking Jeep may want this to stay smaller. If the judged tosses that indemnity on appeal and the driver then loses I could see a enormous lawsuit against the corporation itself. That might be where this is headed

Its no more dumb that the person who successfully sued McDonalds for burning their mouth on hot coffee. Or someone who slips on water in a grocery store right in front of a 'slippery' sign yet wins a lawsuit, or the person who purposefully trespasses onto your property and breaks into your house only to get hurt and then sues you and wins a 5 million settlement.....

the only thing dumber than many of these laws are the dumber'er prosecutors who let it through all the while not prosecuting known felons, multiple repeat offenders, and those blatently and proud of committing crimes.

But in todays world, its almost to be expected as sad as it is.

Owned a Jeep Patriot years ago that I bought primarily for the factory lifetime powertrain warranty. This was in 2007, when Chrysler was struggling to stay afloat and desperate to get vehicles sold. At 93,000 miles the transmission went out. If not for my oil change records, one of which showed that transmission oil levels had been checked, then my claim would have been denied. Both the dealership and the Chrysler rep. told me as much. There was only that one documented record, but it was enough to show I had not been "negligent in my maintenance" of the vehicle. I can't imagine many warranties today covering much without a record trail. We're just too litigious of a society, unfortunately.

this is exactly why I got the extended warranty, the lifetime oil change plan (which is actually cheaper than even doing it yourself), will only install mods that would be difficult to 'prove' voided a warranty, and plan to have everything documented even though it makes me cringe not knowing who will be working on my rig and what their skill/experience level is. Papa did say it well either in this thread or another. that there are plenty of really really good tech's and shops. but they are fewer to come by by the day it seems. Not only that but lots of people are becoming more lazy, and it doesn't help that warranty claims pay terrible. which reduces incentive to 'fix it right the first time.' Years ago when I was a master tech I knew people who would purposefully make a 'mistake' or 'forget to tighten that bolt' or some other sort of sketchy crap in order that they would get a return customer which meant more money due to another job. Shortly after that I quit to make a career change.


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[JET_83]

WTF? Guy brings his manual trans Jeep to the dealership for an oil change (Probably his free WAVE change). 19yr old tech with no drivers license and who doesn't know how to drive a stick tries to drive it anyway. Ends up running over another mechanic. Tragic. So now, apparently under Michigan law, the Jeep's OWNER is at fault is is getting sued for $15mil?
Again, WTF?

https://www.fox2detroit.com/news/wh...lership-employee-was-killed-during-oil-change

That’s why shouldn’t let a kid with no experience change oil

 

[Zybane]

I think almost everyone here is mis-representing how "quick and painless" having the dealership change your oil is.

You have to drive to the dealership, then get out of your vehicle, go inside, possibly wait in a line, sign the truck in/work order, then either wait around for the work to be completed or get a lift to your next destination, then get a lift back to pick up the vehicle, go inside, possibly wait in line again, sign the work order/pay, then find your vehicle, drive to next destination or back home...

And you are going to do all that in less time it takes me 10 minutes to change my oil at home with everything that got shipped to my door from Amazon? Ain't no way.

Oh and the dealership is way more expensive than doing it yourself, especially on the diesel. (Jeep wave doesn't count). On top of all that, knowing it was done 100% correctly, with exactly the correct filter and oil by doing it yourself.

Maybe I am cursed, but I think every single experience in my life with a car dealership/service has been negative. Maybe I'm a perfectionist (good to be that way in my profession).

 

[JET_83]

Why does it have to do with lazy? And where are all techs complete idiots?
Wow, that's sort of judging every human based on your personal standards, knowing nothing about them.

Frankly, having been a mechanic for 50 years, I'll tell you now, there's a hell of a lot more owners, including JEEP owners - who absolutely scare me when they touch their own vehicle to work on it.

I've seen some scary crap, including some of the "experts" showing others on YT how to do things. There's a case of YT needing to control content LOL

To be fair, a lot of these people that do oil changes are hella inexperienced or just don’t care, I got a Jeep Wave oil change once and the plug was way too tight it got stripped trying to take it out that I had to buy a new plug when I changed it myself.

 

[WILDHOBO]

I'm not laughing, but the first thing I thought to myself was "my time is worth enough that I DO change my own oil for practical reasons."

The 3.6L in a Jeep is one of the easiest oil changes possible. I'm no bean pole but I can slide under a stock JK/JL/JT without breaking out a jack. Why waste hours of my valuable free time having the dealer do it when I can do it in a few minutes myself? I don't even have to go pick up the oil and filter. The big brown truck drops them right at my door for the same price as brick and mortar store.

Exactly. My time is worth a lot as well. Driving to a dealer, making sure they do it, then do it right, then driving home? No thank you. I’ll take a Fulton valve and 10 minutes, all day long. And I’m careful enough to not pour oil onto the engine, either out of the filter, or when pouring the new stuff in. It’s a 5 quart engine, so I only need to open a single container. Easy peasy.

 

[NachoRuby]

I think almost everyone here is mis-representing how "quick and painless" having the dealership change your oil is.

You have to drive to the dealership, then get out of your vehicle, go inside, possibly wait in a line, sign the truck in/work order, then either wait around for the work to be completed or get a lift to your next destination, then get a lift back to pick up the vehicle, go inside, possibly wait in line again, sign the work order/pay, then find your vehicle, drive to next destination or back home...

And you are going to do all that in less time it takes me 10 minutes to change my oil at home with everything that got shipped to my door from Amazon? Ain't no way.

Oh and the dealership is way more expensive than doing it yourself, especially on the diesel. (Jeep wave doesn't count).

It is quick and painless to do it at the dealership, especially since after changing my own oil (which I do sometimes, not as much anymore), I then have to drive somewhere to recycle it, and wait for someone to have time to take me out back to the tank, and then fill out paperwork about the quantity and contents. I do change my own oil sometimes, but mostly just because I like to. Even the price difference isn't that much. Maybe 10-15 dollars more every 7500-ish miles. Also, I've never had to find my car after the dealership changes the oil. It's always right there out front, and the dealership is like 3/4 mile from my house. It's not a long destination.
And as a bonus: I get free food/drinks while they do it!

 

[ShadowsPapa]

I find it unreal that any shop that services vehicles or sells tires would hire anyone who can't drive a stick, or that anyone would go into that field not knowing how.
When I took my SX4 in for tires, the guy saw the year and asked if it was a manual transmission. Sounded like they had one guy who could drive one as he said "I'll have to have Jeff work on it".
Really?
We always had to drive the car in, work on it, normally test drive, then park it, repeat............
It was up to us to get the car into the stall, fix it, if a tune-up or an alignment or whatever, we had to test drive it, then park it.
I drove tractors, trucks, cars, motorcycles, whatever. Of course the boss was really happy I could run almost anything so when tractors, trenchers, back hoes, or even the big power trucks came in, they were usually assigned to me.
The fun ones were the cars the narcs brought in to have gone over and gotten ready for use. When such a car was confiscated, it usually became one of their cars to use as it fit right in. And test driving a IHP car was sort of fun, too.
Point is - if you are going to be in that field, you need to know how to drive - anything you may be working on.

 

[ShadowsPapa]

It is quick and painless to do it at the dealership, especially since after changing my own oil (which I do sometimes, not as much anymore), I then have to drive somewhere to recycle it, and wait in line for that, and then fill out paperwork about the quantity and contents. I do change my own oil sometimes, but mostly just because I like to. Even the price difference isn't that much. Maybe 10-15 dollars more every 7500-ish miles. Also, I've never had to find my car after the dealership changes the oil. It's always right there out front, and the dealership is like 3/4 mile from my house. It's not a long destination.

I make a hell of a lot more doing work for other people. I coordinate service work with trips that take me right to that area. I have to drive about 30 minutes to take in oil for recycling.
Oil changes are grunt work - like a boss once told me when he caught me relieving one of my employees by running the lawn tractor and mowing, he said "I'm not paying a general to do the work of a private". I'll do the work of the general, let the monkey do the oil change, and recycle it and heft the tires around while I do detail work few others know how to do.

 

[Zybane]

10 minute oil change is grunt work? So I take it you do zero work on your Jeep yourself? You know there are 4-star Generals and CEO's that work on their cars right?

And no, you don't have to take the used oil to drop off every single oil change. Most containers can fit 3-4 oil changes in them before you need to drop it off. And basically every auto place store in the country accepts it. Far cry from having to explicitly go to a Jeep dealership every time. (I seriously hope people don't go to "quick-lube" places. ?

And people always think problems won't happen to "them" and totally disregard the massive nightmare and time waste it is to get a dealer to fix something they broke. I had a dealer once put in a new EcoDiesel into my 2014 JGC that cam slipped and grenade'd; it looked like a monkey did it. Heat shields not installed, dripping fluid, bolts/clips missing. What a joke. Sold the vehicle after the "new engine" was put in.

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