Mechanic killed after Jeep ‘lurched forward’ following oil change. Vehicle owner sued

A Jeep Wrangler with a manual transmission was taken to a Michigan car dealership for an oil change and tire rotation, but after the work was complete, court records say the vehicle “lurched forward” as a lube technician tried operating it.

The red 2019 Wrangler then crushed mechanic Jeffrey Hawkins against a cabinet on March 13, 2020, records say. He was taken to a hospital, where he died of his injuries at 42 years old.

The owner of the Jeep is being sued in a Michigan circuit court along with the 19-year-old technician accused of operating the vehicle when it crushed Hawkins. The lawsuit filed in March 2021 says vehicle owner Sergio Enrique Diaz-Navarro is “vicariously liable for the negligent acts” of technician Daniel Aleczander Thompson when his use of the vehicle led to the death of a certified mechanic.

Attorney David Femminineo, representing the estate of Hawkins, compared the owner’s responsibility in Hawkins’ death to when you lend your car to somebody so they can pick up lunch. If that person was to injure someone with your car, he told McClatchy News you would be liable for any negligent acts that occurred because you gave him or her permission to drive your car.

But, Femminineo said, the Rochester Hills Chrysler Jeep Dodge dealership where the incident occurred has been ordered by the court to indemnify Jeep owner Diaz-Navarro if he is found liable of negligence. This is confirmed in a summary filed in court on March 1.

“So in reality, the owner is going to be held responsible, but the dealership’s insurance company is paying,” Femminineo said, adding that they hope to be awarded a verdict in excess of $15 million.

The defense attorney representing Diaz-Navarro said he is unable to comment at this time. The defense attorney representing Thompson and his employer did not immediately respond to a request for comment from McClatchy News on May 5.

In the summary filed in court, the legal team representing Hawkins says Thompson had worked for the dealership for about two months before he was involved in the fatal accident.

After completing the service, he lowered the Jeep from the lift and tried to start the vehicle and let it idle, according to court records. This is done to ensure there are no oil leaks around the filter.

“Thompson reached into the vehicle and pressed brake with his right foot, keeping his other foot on the floor,” the plaintiff summary says. “He pressed the start button. When the vehicle did not start, he took his foot off the brake and 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.”

At about 8:11 a.m., court records say Hawkins was in front of the Jeep and on his knees to grab something from a metal cabinet. As he had his back turned from the Jeep, he was crushed against the cabinet.

“Jeffrey lived for several minutes after the accident, gasping for breath,” the legal team said. “He had a pulse.”

His wife got a call at about 8:20 a.m. saying he was on his way to a hospital. She “started driving immediately to the hospital, but never saw her husband alive again. He was pronounced dead at 8:55 a.m.,” according to court records. He was a dad of four children.

Thompson told authorities that he did not have a driver’s license, records show, and he did not know how to operate vehicles with manual transmissions. The 19-year-old also said he’d never taken a driver education class or been taught how to use stick shift vehicles.

In the lawsuit, Thompson is accused of having driven the vehicle “in a careless, reckless and wanton manner in total disregard of the rights and safety of others.” In the plaintiff’s summary, the dealership is also accused of not properly training Thompson.

While Diaz-Navarro is said to have “no active negligence,” records say he has offered $100,000 in policy limits as he agrees he “is liable for damages under the owner’s liability statute.” But, as the court ruled he is entitled to indemnification, the dealership and Thompson would be held liable for any awarded damages and attorney fees in this case.

Rochester Hills is about 30 miles north of Detroit.

This story was originally published May 5, 2022 at 11:34 AM with the headline "Mechanic killed after Jeep ‘lurched forward’ following oil change. Vehicle owner sued."