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Michigan Car Owner Sued For $15 Million After Mechanic Crushed To Death During Oil Change By Technician Who Didn't Know How To Drive A Stick Shift

Posted by ChasinDatPaper on May 7, 2022 at 6:09pm

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A Michigan man is being sued after a technician who didn't know how to drive a stick shift accidentally killed a mechanic from behind the wheel of the defendant's car.

Although Sergio Enrique Diaz-Navarro wasn't behind the wheel of the Jeep Wrangler on that day in March 2020, the family of the employee who was killed is suing him for negligence & is hoping to receive more than $15 million in damages.

Jeffrey Hawkins, 42, a father of four who worked as a mechanic, was killed when 19-year-old Daniel Thompson, a lube technician, attempted to operate the vehicle after the service was finished. Thompson started the vehicle because he was trying to ensure there were no leaks in the car's filter, but the car then lunged forward & crushed Hawkins.

"Thompson reached into the vehicle and pressed brake with his right foot, keeping his other foot on the floor," read the court documents. "He pressed the start button. When the vehicle did not start, he took his foot off the brake & depressed the clutch pedal. He again hit the start button. This time the Jeep started. He removed his foot from the clutch, still standing outside the vehicle. The vehicle lurched forward."

Hawkins's family also filed a lawsuit against Thompson in 2021.

Michigan law makes it difficult for a coworker to sue a boss over that because it occurred at work — despite the fact that the Chrysler Jeep Dodge dealership owner hired someone who didn't have a driver's license or know how to drive a car with manual transmission. The family is left with little recourse other than targeting Diaz-Navarro, whose insurance company has already doled out $100,000.

Diaz-Navarro is considered liable for giving his keys to the dealership because of a vicarious liability law in the state that holds that owners are automatically liable for the negligence of drivers — a principle that could extend to mechanics, valet attendants & others.

"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," a lawyer for Diaz-Navarro said.

In a separate lawsuit, Diaz-Navarro won indemnity from the dealership, meaning that the dealership will ultimately be on the hook for the bill if a court determines that he was indeed liable. The dealership is expected to appeal that decision.

"So in reality, the owner is going to be held responsible, but the dealership’s insurance company is paying," Femminineo said.

The case involving the lawsuit against Diaz-Navarro will head to trial at the end of May.

#lawsuit #accidentaldeath #carowner #jeep #carownersuedbydeadmechanic #accident #SergioEnriqueDiazNavarro #jeffreyhawkins #jeffreyhawkinscrushedbycar #danielthompson #mechaniccrushedoilchange #oilchange #mechanic #15milliondollarlawsuit #employee #negligence #cardealership #dad #father #marriedwithkids #cardealership #rochesterhillsmi #deadmechanicsfamilysuescustomer #customer #stickshift #crushedtodeath #insurancecompany #liabiltylaw #technician #family

Source: Washington Examiner

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Series of blunders frees real life 'Hannibal The Cannibal' Peter Bryan, who kills 2 more people

Posted by ChasinDatPaper on September 3, 2009 at 11:58pm

NY Daily News Reports A serious of egregious errors resulted in the deaths of two people, after medical staff released a mentally ill convicted killer from the mental health center where he was living. Peter Bryan, a schizophrenic, cannibal and convicted murderer was released from the medium-security Riverside House to a hostel where he was free to come and go, according to an article in the British paper, the Telegraph. Merely three hours after his discharge from the facility in 2004, he killed Brian Cherry, a friend, and cooked part of his brain, the paper stated. After that murder, Bryan was sent to Broadmore secure hospital, where not even 10 days later he attacked and killed Richard Loudwell, a fellow patient. Two inquiries into Bryan's case faulted National Health Service managers for leaving the now 39-year-old killer in the care of a social worker with no mental health training and who was in over his head dealing with a notoriously manipulative patient, according to the London Evening Standard. However, the reports noted that the nature of his condition meant that Bryan was incredibly manipulative, and able to appear normal even as his mental health was incredibly deteriorated. The reports "outlined a catalogue of errors" according to the Telegraph, in the treatment of Bryan following his 1993 murder of Nisha Sheth, a shop assistant whom he beat to death with a hammer.
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La Familia cartel kills 12 federal agents in Mexico drug war attack

Posted by ChasinDatPaper on July 15, 2009 at 11:00pm

TimesOnline Reports A powerful Mexican drug cartel has unleashed a killing spree against the authorities in a challenge to the leadership of the President in his home state. The bodies of a dozen federal anti-drug agents were found on a mountain highway in Michoacán, the home state of Felipe Calderón, on Monday. The killing of the agents was the worst loss of life in a single attack since President Calderón took office in 2006, taking the war between the narcotics gangs and the Government into uncharted territory. Their murders were the boldest of at least ten reprisal attacks since Arnoldo Rueda Medina, nicknamed La Minsa, was arrested on Saturday. He is reputedly the second-in-command of La Familia cartel in Michoacán. The surge in violence marks a potential shift in Mexico’s drug wars, which have claimed 11,000 lives during the presidency of Mr Calderón, who ordered the army to intervene. Ciro Gomez Leyva, a columnist for the newspaper Milenio, described the killings as a Mexican version of the Tet offensive in Vietnam in 1968. “In the war against the narcos, Saturday, July 11, seems like a kind of Tet offensive, the synchronised action by South Vietnamese guerrillas and the North Vietnamese Army against US troops at the end of January 1968 that, despite being characterised as a military disaster, created the perception that the otherwise invincible US Army would never win in Vietnam,” he wrote. The perception that the war against drugs is being lost is pervasive. A poll published in Milenio said that only 28 per cent of Mexicans believed that the Government was winning, and more than half thought that it was losing. Mr Calderón said: “The criminals will not be able to intimidate the federal Government. In this battle we will not give up, we will not hesitate, because what is at stake is Mexico’s peace and safety.” Michoacán, on the Pacific coast, has become a battleground because it controls routes into the United States. It is also one of Mexico’s main producers of marijuana, opium poppies and synthetic drugs. Mr Rueda was arrested in the Michoacán capital, Morelia. He is allegedly the right-hand-man to the reputed boss, Nazario Moreno Gonzalez, known as El Mas Loco, or the Craziest One. Within hours of the arrest, gunmen from La Familia, armed with rifles and grenades, ambushed federal forces in seven cities. Some of the attacks took place near tourist sites such as the arts-and-crafts centre of Patzcuaro and Zitacuaro, which is famous for its monarch butterflies. In the most brutal attack, eleven men and one woman agent were abducted while off duty. Their bodies were found stacked on the highway with death threats that read: “La Familia, join its ranks or leave” and “Let’s see if you try to arrest another one”. La Familia has penetrated the power structure, allegedly obtaining protection from police and politicians. Seven mayors, one former mayor and a state prosecutor are being held after a federal police sweep of allegedly corrupt politicians in May. An arrest warrant has been issued for Julio Godoy, the half brother of a state Governor. Mr Godoy was elected to Congress last week as a member of the Democratic Revolution Party. Analysts said that the killings were not necessarily a sign of the cartel’s strength, but were an escalation of the battle to contain them. “This marks an important change in the drug war in that they are attacking federal forces directly,” Jorge Chabat, a drug expert, said. “It also suggests the capture of this person has affected the operations of the cartel. It was a major blow and this is a reaction out of weakness, not strength.” In separate Mexican drug violence, six gunmen were killed on Tuesday in the northern city of Monterrey. Gunmen killed the mayor of Namiquipa in Coahuila and four police officers were kidnapped in Piedras Negras. In Tabasco state on the Gulf coast, prosecutors charged five alleged Gulf cartel hitmen with allegedly killing two policemen and eighteen of their relatives in February and May. A drugs trade worth billions and severed heads on the dance floor • Every year Mexican cartels smuggle illegal drugs worth about $40 billion (£24 billion) into the United States, the world’s biggest market for narcotics. Mexico is a major source of heroin, methamphetamine and marijuana — and a key transit country for the vast amounts of cocaine that are transported over the border • In 2008, 6,000 people died in drug violence in Mexico, according to President Calderón — almost double the 3,042 deaths that were recorded in 2007 • About 95 per cent of the killings were carried out using firearms from the US. Most of the drug violence takes place in a few cities near the US border, with drugs and people being trafficked to the north, and weapons to the south • In December 2006, Mr Calderón announced the deployment of 36,000 troops to work with the federal police to fight the drug trade in nine states. The police are widely accused of corruption • 53 per cent of Mexicans think the Government is losing the war with the drug cartels, according to a 2008 poll in a Mexican newspaper • La Familia cartel achieved notoriety in 2006 when a member walked into a bar and threw five severed heads on to the dance floor Sources: Reuters, Council on Foreign Relations
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Cop Trying To Halt Attack Kills Victim

Posted by ChasinDatPaper on June 30, 2009 at 12:09pm

Police say they got to 26-year-old Jill Ulmer's Fayetteville apartment Friday night as the suspect was stabbing her. Officers said they were trying to stop 41-year-old Ricky Anderson from killing his ex-girlfriend when they opened fire into the apartment. Monday, the Fayetteville Police Department said one of those gunshots fired by an officer actually hit Ulmer and is listed as her cause of death, along with multiple stab wounds. Police also confirmed that Ulmer was pregnant. Some are running out of words to describe the situation. "It's absolutely horrible. Fayetteville is a small town, and it's a friendly town, and I feel safe. I just feel bad for her family, and my prayers go out to her," said neighbor Anne Kearney. Neighbors still dealing with Friday night's killing got even more troubling news Monday when they learned a shot fired by police officers hit Ulmer while she was being stabbed. "That's awful, but I don't think they had another choice," Kearney said. Neighbors said police did everything they could to stop what was happening. New information also surfaced about the suspect. "We've had a few run-ins with him. He has been the subject of some investigations and some arrests," said Fayetteville police Sgt. Bill Phelan. Police said Anderson is a suspect in an alleged rape earlier this month. He also violated a protective order that Ulmer had against him and had previously broken into her apartment. Domestic violence experts said Ulmer's killing is an eye-opener. "It's kind of like a wakeup call to all of us in the community to keep our eyes open and be caring about anybody, particularly young pregnant women who might have had a violent person in their lives.," said Judi Selle of the Peace At Home Family Shelter. In a statement, the fayetteville Police Department said it is saddened by Ulmer's tragic death and that it was unfortunate that the officers' best efforts to save her life were unsuccessful. Anderson has been charged with second degree murder. His arraignment is scheduled for July 27. Source : 4029TV
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White Officer Who Killed Fellow Black Cop In Harlem Idenified As Officer Andrew Dutton, On Force 4-plus Years

Posted by ChasinDatPaper on May 29, 2009 at 4:08pm

The city cop who fatally shot an off-duty officer in East Harlem was identified Friday as a 30-year-old Long Islander who has been on the job 4 1/2 years, sources said. Officer Andrew Dunton is based at the 25th Precinct in Manhattan and - at the request of the district attorney's office - has not been questioned about the killing of rookie cop Omar Edwards. Mayor Bloomberg said detectives were reviewing security tapes and questioning the suspected thief Edwards was chasing - with gun drawn - when he was shot and killed. "The only thing that can come out of this is to improve procedures so perhaps it doesn't happen again," Bloomberg said. "We all know policing is a dangerous job and accidents happen when people have guns in their hands, even legal guns in this case which they are authorized and trained to use." The Rev. Al Sharpton called for a federal investigation "to sort out the facts" of the fatal shooting of Edwards, who was 25 and black. Dunton is white. "Can police investigate themselves fairly and impartially?" he asked. "It would seem very difficult at best and unlikely in fact." Both Edwards and Dunton were wearing civvies, but police rules put the burden on an off-duty officer to identify himself in any confrontation with other cops. "The challenging officer, however, also has a responsibility to use sound tactics and judgement in approaching the situation," the NYPD Patrol Guide says. It's unclear if Edwards ID'd himself as a cop when he turned - with the gun still in his hand - to face Dunton and the two other officers with him. Sources said Dunton had his shield out - on a lanyard around his neck - and was wearing the color of the day when he yelled drop it. "This is always a black cop's fear, that he'd be mistaken for a [suspect]," a source said. The tragedy began just before 10:30 p.m. Thursday when Edwards, who worked out of a Manhattan housing unit, noticed the driver's side window of his car was smashed and spotted Miguel Goitia rooting around inside, police said. Edwards raced to his car, which was parked on Second Ave. between E. 124th and E. 125th St., and grabbed Goitia. But the suspect managed to slip out of his sweater and escape - with the cop hot on his heels. At the same time, Dunton and two other officers in an unmarked car saw Edwards running down the street. They made a U-turn and got out. "Police! Stop! Drop it!" two of them yelled, sources said. Then Dunton fired six shots - hitting Edwards twice, once in the left arm and once in the chest, police said. Edwards did not fire his weapon. The cops didn't realize Edwards was one of them until rescue crews cut open his shirt to stop the bleeding and saw a police academy shirt. They then searched his pockets and found his shield, sources said. Investigators said the anti-crime cops later nabbed the car-theft suspect Goitia, whose rap sheet includes five arrests for assault, robbery, and drugs. Edwards' mother, Natalia Harding, said her son's dream was to be a cop "ever since he was a little kid." She said he had just married his girlfriend, Danielle Glen, and they have two kids - 1 1/2-year-old Xavier and 7-month-old Keanua. "I'm hurt that they took my son," the heartbroken mom said between sobs Friday morning at her Brooklyn apartment. "That's my baby they took from me. And all I got was his last hug and kiss when he went to work [tonight] and he said, 'Ma, I'll see you when I come home.'" Edwards' father couldn't fathom how such a fatal mistake could happen. "If a police officer sees someone with a gun, you don't just fire without asking questions or trying to apprehend the person," said Ricardo Edwards, 72. "If the person was firing at a police officer, I understand." Source : New York Daily News
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