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(Fox2 Detroit)   Sad: Mechanic at car dealership dies during an oil change. Less Sad: His family sues the owner Fark: of the car that was getting the oil change   (fox2detroit.com) divider line
    More: Strange, Lawsuit, Apostrophe, KILL, Chrysler, Mount Clemens, Michigan, young 19-year-old mechanic, attorney David Femminineo, deadly accident  
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6574 clicks; posted to Main » on 05 May 2022 at 2:35 AM (7 weeks ago)   |   Favorite    |   share:  Share on Twitter share via Email Share on Facebook



131 Comments     (+0 »)
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2022-05-04 9:12:07 PM  
The stupid is thick here.
 
2022-05-04 9:20:17 PM  
Sad: Mechanic at car dealership dies during an oil change


Ya sure it wasn't the TrueCoat?

Fark user imageView Full Size
 
2022-05-04 9:36:12 PM  
reactiongifs.usView Full Size
 
2022-05-04 9:49:27 PM  
As a lawyer, I'd just like to say:

What in the Cinammon Toast F@ck is this?
 
2022-05-04 9:51:17 PM  
Knowing a little about airplanes... if you own an airplane, you are considerd, by the FAA, as the operator.  If you loan the plane to sombody who goes out and buzzes the president giving a speech, the FAA may hold you responsible as the owner because you are also the operator. It sounds like BS but that has been upheld many times in avaiotn. (it gets really complicated when airplanes are leased and depends on dry or wet lease, etc.)

It's still bullshiat.
 
2022-05-04 9:59:14 PM  

edmo: Knowing a little about airplanes... if you own an airplane, you are considerd, by the FAA, as the operator.  If you loan the plane to sombody who goes out and buzzes the president giving a speech, the FAA may hold you responsible as the owner because you are also the operator. It sounds like BS but that has been upheld many times in avaiotn. (it gets really complicated when airplanes are leased and depends on dry or wet lease, etc.)

It's still bullshiat.


If he'd loaned the car to a friend, and the friend killed someone out on a public street, suing the owner for loaning the car to the friend would make sense.

Handing your car off to a business, and having one employee of the company kill another employee of the company on the business premises while doing the job they were contracted to do -- thats totally different.  It'd be like the FAA holding the operator liable if a maintenance facility employee turned on the jet engine in the teardown bay and ingested a co-worker. I've never heard of such a thing.
 
2022-05-04 10:07:58 PM  
Sounds like a stupid state law? Can't sue the business if an employee dies from an accident caused by another employee, so cast about until you find someone you can sue?
 
2022-05-04 10:10:26 PM  
I mean, I change my my own oil anyway, but I bet this persuades a lot of people to do it themselves in that state.
 
2022-05-04 10:14:24 PM  
But farkers have assured me that regular oil changes are unnecessary and that you should only do them every 30,000 miles.
 
2022-05-04 10:14:44 PM  
The few times I went to Jiffy Lube when I was too lazy to change the oil on my own, when I got my car back, I would park in their lot, pop the hood, make sure the dipstick was there and everything else looked good.
 
2022-05-04 10:16:54 PM  
Michigan requires mandatory auto liability insurance so this is Saul Goodman threatening the Jeep owner with legal action to get his insurer to settle in big numbers. Taking on the dealership would mean actually having to go to court.
 
2022-05-04 10:18:48 PM  
I don't buy it, man.

There's no way Femminineo is actually a surname.
 
2022-05-04 10:20:50 PM  
A friend once was given a car whose transmission had blown after having a transmission flush and fill done. Tweakers or idiots, after their transmission blew up (5 miles down the road) they didn't get it looked at.

Turns out, the major company did a transmission flush and fill and replaced the transmission fluid with motor oil.
 
2022-05-04 10:21:50 PM  

Breaker Moran: I don't buy it, man.

There's no way Femminineo is actually a surname.


the female Ronaldinho
 
2022-05-04 10:23:43 PM  
This entire article is a mess, from start to finish.  Nothing even approaches reality.
 
2022-05-04 10:24:50 PM  

Breaker Moran: I don't buy it, man.

There's no way Femminineo is actually a surname.



Sal Femminineo was a closeted buddy of James Dean.
 
2022-05-04 10:36:00 PM  
"FOX 2: "You must be suing the dealership?"

"We can't because of a legal standard that is involved," the lawyer said. "That's because the accident happened at work and involved two employees and you can't sue the boss in that situation."


That's the farked up part. Sounds like a state law paid for by business organizations.
 
2022-05-04 11:13:45 PM  

Badmoodman: Breaker Moran: I don't buy it, man.

There's no way Femminineo is actually a surname.


Sal Femminineo was a closeted buddy of James Dean.


                 Didn't he do ads for a line of toy trucks?

               
lumiere-a.akamaihd.netView Full Size
 
2022-05-04 11:29:27 PM  

Warthog: edmo: Knowing a little about airplanes... if you own an airplane, you are considerd, by the FAA, as the operator.  If you loan the plane to sombody who goes out and buzzes the president giving a speech, the FAA may hold you responsible as the owner because you are also the operator. It sounds like BS but that has been upheld many times in avaiotn. (it gets really complicated when airplanes are leased and depends on dry or wet lease, etc.)

It's still bullshiat.

If he'd loaned the car to a friend, and the friend killed someone out on a public street, suing the owner for loaning the car to the friend would make sense.

Handing your car off to a business, and having one employee of the company kill another employee of the company on the business premises while doing the job they were contracted to do -- thats totally different.  It'd be like the FAA holding the operator liable if a maintenance facility employee turned on the jet engine in the teardown bay and ingested a co-worker. I've never heard of such a thing.


Here's one that's close; see the California part.

https://www.aviationlawmonitor.com/2010/11/claims-and-defenses/holding-the-aircraft-owner-responsible-for-the-mechanics-negligence/
 
TWX
2022-05-04 11:33:29 PM  
Seems risky, particularly if the defendant prevails and seeks legal costs to fight this obviously BS lawsuit.

This seems to be stupid enough to receive this reply:

ronnierocket.files.wordpress.comView Full Size
 
2022-05-05 12:29:31 AM  

TomFooolery: Sounds like a stupid state law? Can't sue the business if an employee dies from an accident caused by another employee, so cast about until you find someone you can sue?


That's the law in most (perhaps all?) states. If you're injured at work, you get your medical expenses and lost wages paid by your employer regardless of whether the employer did anything wrong--but employers are required by law to buy Worker's Compensation insurance to cover those claims, which pays those expenses on the employer's behalf. As a tradeoff, the employee can't sue the employer for any additional damages even if the employer was at fault--this is generally known as "worker's comp exclusivity," meaning worker's comp is the exclusive remedy against one's employer for on-the-job injuries.

You can, however, sue any third parties who caused or contributed to the work injury.  In this case, of course, it's hard to envision how the owner of the vehicle could have possibly done that, so this suit does indeed seem likely to be bullshiat.
 
2022-05-05 1:10:25 AM  
Yeah, his insurance company has a lawyer who does the math of how much it would cost to take this case to court, and makes an offer of a third to go away. The odds that the case gets to trial are already low, and it's only if the jury decides to fark the insurance company, which would lead to an appeal (also figured into that go away offer).

There's an angle that the man who died was probably the direct superior of the kid who killed him. He should have known the kid can't drive stick.
 
2022-05-05 1:45:14 AM  

Cyberluddite: TomFooolery: Sounds like a stupid state law? Can't sue the business if an employee dies from an accident caused by another employee, so cast about until you find someone you can sue?

That's the law in most (perhaps all?) states. If you're injured at work, you get your medical expenses and lost wages paid by your employer regardless of whether the employer did anything wrong--but employers are required by law to buy Worker's Compensation insurance to cover those claims, which pays those expenses on the employer's behalf. As a tradeoff, the employee can't sue the employer for any additional damages even if the employer was at fault--this is generally known as "worker's comp exclusivity," meaning worker's comp is the exclusive remedy against one's employer for on-the-job injuries.

You can, however, sue any third parties who caused or contributed to the work injury.  In this case, of course, it's hard to envision how the owner of the vehicle could have possibly done that, so this suit does indeed seem likely to be bullshiat.


Maybe expecting the car insurance to pay up?
 
2022-05-05 2:42:25 AM  
Ban all personal transportation other than shoes.

Problem solved.  Either take mass transit or hire a cab (union only) or walk.
 
2022-05-05 2:43:52 AM  

Breaker Moran: I don't buy it, man.

There's no way Femminineo is actually a surname.


I just had surgery name of my anesthesiologist was Doctor Engineer.

/shiat you not
 
2022-05-05 2:47:14 AM  

Jake Havechek: The few times I went to Jiffy Lube when I was too lazy to change the oil on my own, when I got my car back, I would park in their lot, pop the hood, make sure the dipstick was there and everything else looked good.


Dude, it's 2022. Not only should not be talking about your wife that way but you REALLY shouldn't make her ride in the engine compartment!
 
2022-05-05 2:52:17 AM  

Breaker Moran: I don't buy it, man.

There's no way Femminineo is actually a surname.


Fark user imageView Full Size
 
2022-05-05 2:57:23 AM  
This lawsuit is obviously going to go nowhere. The only winners will be lawyers.
 
2022-05-05 3:00:47 AM  
When I hand my car over to the dealership for routine maintenance, I assume they have hiring standards and employ only qualified mechanics.  That would include the ability to drive the damn car if that is necessary for the work being done.  If this kind of case were allowed to go forward and they win, it means I will need to do a background check on every single person at the dealership who might interact with my vehicle.  That's simply ridiculous.
 
2022-05-05 3:06:24 AM  

Mojongo: Michigan requires mandatory auto liability insurance so this is Saul Goodman threatening the Jeep owner with legal action to get his insurer to settle in big numbers. Taking on the dealership would mean actually having to go to court.

That's because the accident happened at work and involved two employees and you can't sue the boss in that situation.But attorney David Femminineo claims that the person responsible is the owner of the car.FOX 2: "You're suing the owner of the car who's getting his oil changed who did nothing in this case?""I have to do that," Femminineo said.


The suing family lawyer's even admit that they have to sue the owner to get any sort of payment because of state law. Because apparently if a insanely underqualified employee kills another employee because they were unqualified, the boss gets to walk away laughing and counting his money.
 
2022-05-05 3:06:30 AM  
Wow, that was terrible writing, but maybe I'm also more drunk than I think?

How do you "instantly" die from popping a clutch?
 
2022-05-05 3:06:37 AM  

Warthog: As a lawyer, I'd just like to say:

What in the Cinammon Toast F@ck is this?


Convoluted way to claim on insurance I guess?
 
2022-05-05 3:12:58 AM  
Come to think of it, I wonder what the average professional lifespan is for attorneys bringing these kinds of frivolous suits.
 
2022-05-05 3:14:09 AM  
To continue that logic: the family of the Cleveland roommate shot by his firefighter roommate can sue the guy who did the gold leaf on the fire truck.

Got it.

/read a hardcover Grisham novel
//at a Holiday Inn Express
 
2022-05-05 3:18:12 AM  

Warthog: edmo: Knowing a little about airplanes... if you own an airplane, you are considerd, by the FAA, as the operator.  If you loan the plane to sombody who goes out and buzzes the president giving a speech, the FAA may hold you responsible as the owner because you are also the operator. It sounds like BS but that has been upheld many times in avaiotn. (it gets really complicated when airplanes are leased and depends on dry or wet lease, etc.)

It's still bullshiat.

If he'd loaned the car to a friend, and the friend killed someone out on a public street, suing the owner for loaning the car to the friend would make sense.

Handing your car off to a business, and having one employee of the company kill another employee of the company on the business premises while doing the job they were contracted to do -- thats totally different.  It'd be like the FAA holding the operator liable if a maintenance facility employee turned on the jet engine in the teardown bay and ingested a co-worker. I've never heard of such a thing.


Depends on the state. In this case the car owner's insurance will probably actually be the entity getting sued.

The owner of the shop should really be held responsible and should have had an umbrella policy for just such a disaster but the insurance might fight it on the basis of the employee being unqualified to begin with.
 
2022-05-05 3:21:05 AM  

quo vadimus: Wow, that was terrible writing, but maybe I'm also more drunk than I think?

How do you "instantly" die from popping a clutch?


By standing between the car whose clutch is being popped and a wall.
 
2022-05-05 3:26:35 AM  

TomFooolery: Sounds like a stupid state law? Can't sue the business if an employee dies from an accident caused by another employee, so cast about until you find someone you can sue?


I don't think you can get more 'Murcan than that.
 
2022-05-05 3:35:05 AM  

Odin's Other Eye: quo vadimus: Wow, that was terrible writing, but maybe I'm also more drunk than I think?

How do you "instantly" die from popping a clutch?

By standing between the car whose clutch is being popped and a wall.


That makes more sense. Thanks. And, damn.
 
2022-05-05 3:50:58 AM  

quo vadimus: Wow, that was terrible writing, but maybe I'm also more drunk than I think?

How do you "instantly" die from popping a clutch?


Some people just really can't drive stick.
 
2022-05-05 4:16:48 AM  

edmo: Warthog: edmo: Knowing a little about airplanes... if you own an airplane, you are considerd, by the FAA, as the operator.  If you loan the plane to sombody who goes out and buzzes the president giving a speech, the FAA may hold you responsible as the owner because you are also the operator. It sounds like BS but that has been upheld many times in avaiotn. (it gets really complicated when airplanes are leased and depends on dry or wet lease, etc.)

It's still bullshiat.

If he'd loaned the car to a friend, and the friend killed someone out on a public street, suing the owner for loaning the car to the friend would make sense.

Handing your car off to a business, and having one employee of the company kill another employee of the company on the business premises while doing the job they were contracted to do -- thats totally different.  It'd be like the FAA holding the operator liable if a maintenance facility employee turned on the jet engine in the teardown bay and ingested a co-worker. I've never heard of such a thing.

Here's one that's close; see the California part.

https://www.aviationlawmonitor.com/2010/11/claims-and-defenses/holding-the-aircraft-owner-responsible-for-the-mechanics-negligence/


Do you miss the part where it states loans to a friend?

It's critical in legal cases that things are congruent.
 
2022-05-05 4:52:21 AM  

Cyberluddite: You can, however, sue any third parties who caused or contributed to the work injury.  In this case, of course, it's hard to envision how the owner of the vehicle could have possibly done that, so this suit does indeed seem likely to be bullshiat.


I'm not a US lawyer but at least where I'm from the owner of the car would pursue the dealership for an indemnity.  So it would end up back against the dealership by the long way around.
 
2022-05-05 4:55:11 AM  
Sue everyone!
 
2022-05-05 5:16:27 AM  

Warthog: As a lawyer, I'd just like to say:

What in the Cinammon Toast F@ck is this?


I think they want the car insurance to pay. The car was involved in a crash. If a valet crashed the car your insurance would also pay.
 
2022-05-05 5:24:58 AM  
I would countersue. The more experienced mechanic was negligent in allowing a inexperianced mechanic to operate the vehicle resulting in death. This will lower the resale value of the vehicle, therefore, you have standing to sue for the damages.
 
2022-05-05 5:40:06 AM  

Publikwerks: I would countersue. The more experienced mechanic was negligent in allowing a inexperianced mechanic to operate the vehicle resulting in death. This will lower the resale value of the vehicle, therefore, you have standing to sue for the damages.


Yup sue both for damage to the car. THEY actual caused damage to the owner.
 
2022-05-05 6:32:29 AM  
"When you hand your car over to anybody including the valet or the person at the service desk at your local dealership, you better be able to trust that person," [attorney David Femminineo] said.

Dear sir:

Go fark yourself.

Then diaf.

:Me
 
2022-05-05 7:10:05 AM  
You know Steve Lehto is going to put his two cents in on this one.
 
2022-05-05 7:11:37 AM  

princhester: Cyberluddite: You can, however, sue any third parties who caused or contributed to the work injury.  In this case, of course, it's hard to envision how the owner of the vehicle could have possibly done that, so this suit does indeed seem likely to be bullshiat.

I'm not a US lawyer but at least where I'm from the owner of the car would pursue the dealership for an indemnity.  So it would end up back against the dealership by the long way around.


That's referred to as Subrogation, and yeah if I were the car owner's insurance company I would go for that.
 
2022-05-05 7:11:52 AM  
I did some googling on the lawyer.

He used to be in-house counsel at AAA insurance. It seems like his strategy is to try and get a pay day from the vehicle owner's insurance company, and he likely does have a very good understanding of the relevant law.
 
2022-05-05 7:17:25 AM  

thornhill: I did some googling on the lawyer.

He used to be in-house counsel at AAA insurance. It seems like his strategy is to try and get a pay day from the vehicle owner's insurance company, and he likely does have a very good understanding of the relevant law.


No, he doesn't.  Car insurance is only going to pay out if THEIR INSURED was the person driving the car.  They weren't.

This is an accident that happened between two coworkers on the job, this is purely a worker's comp issue.

/Unless worker's comp doesn't pay out in the event of death.  I assume it does.  If it doesn't, then it's a life insurance issue.  If the person that got killed has no life insurance... then I have no idea.
 
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