Texas couple sues Apple because FaceTime is a distraction to drivers

Janis ColeJan 06, 2017

The family of a 5-year-old girl killed in a auto crash is suing Apple because the driver of the other vehicle was using FaceTime, a live-video streaming application developed by Apple. The plaintiffs also say Apple failed to manufacture its iPhone 6 Plus with "safer, alternative "lock-out" technology", pointing to a previous patent.

The patent is designed in a way to provide a "lock-out mechanism" so drivers can not use it while in motion, but such lock-out services are not always fully utilized due to limits of its detection capacity.

On December 24, 2014, Bethany and James Modisette were driving near Dallas using their Toyota Camry with their 2 daughters, Moriah and Isabella, in the back seat of the vehicle.

Saban dumps Kiffin for title game vs. Clemson
In his previous analyst's position - as an adjunct to the staff - Sarkisian was not allowed to participate in practices and games. Kiffin said he has a great relationship with Saban and believes that he would have returned in 2017 had he not taken the FAU job.

There was some kind of police activity ahead that brought traffic to a standstill, so James Modisette pressed the brake, bringing the auto to a stop in the left lane. The 4Runner then hit the Camry again, with the SUV driving up and over the length of the driver's side of the vehicle.

Driving behind them, Garrett Wilhelm failed to stop and his SUV slammed into the auto at 105km/h, tearing it apart and riding up over the top. Moriah was airlifted to an children's hospital, where she later died of her injuries.

The company's "failure to design, manufacture, and sell the iPhone 6 Plus with the patented, safer, alternative design technology already available to it. and failure to warn users that the product was likely to be risky when used or misused in a reasonably foreseeable manner. rendered the Apple iPhone 6 defective when it left defendant APPLE INC.'s possession, and were therefore a substantial factor in causing plaintiffs' injuries and the decedent's death", the Modisettes' lawyers allege. In 2014, distracted driving was found to be a factor in more than 3,000 deaths, and some 43 percent of teenagers say they've used their phones while driving.

Lamar Miller latest star ruled out for primetime Texans-Bengals game
Green had missed the last four games with a hamstring injury but said earlier this week that he planned to play against Houston. By comparison, Savage is on the final year of the rookie contract he signed in 2014, which will pay him $300,584 this season.

At the time of the collision in question, the iPhone utilized by Wilhelm contained the necessary hardware (to be configured with software) to automatically disable or "lock out" the ability to use [FaceTime] ...

Wilhelm, the 22-year-old accused driver, was indicted on manslaughter charges by a grand jury in Denton County, Texas, The Denton Record-Chronicle reported.

In the meantime, however, the Modisettes have filed suit against Apple in a California state court. The lawsuit claims that Apple should have introduced a feature that disabled the use of video-chat application while the owner is driving.

Premier League Football - 3 January 2017
Jack enjoyed a loan spell at Bolton earlier in his career in a bid to up his physicality in the Premier League. The match starts at 20:45 on 3 January 2017.

Related Articles:

Next article »

Popular Pages

Blizzard, ice cripple Great Plains, leaving thousands without electricity (PHOTO, VIDEO)
Highway 83 between Bismarck and Minot was also closed by the North Dakota Transportation Department as of Sunday night, as U.S. Travel in the northern parts of the Red River Valley were expected to be unsafe if not impossible by late Sunday afternoon.

JonBenet Ramsey's brother files $750 million defamation lawsuit
The lawsuit requests compensatory damages in the amount of $250 million, and punitive damages in the amount of $500 million. He filed the lawsuit in a MI court two days after the 20 anniversary of his sister death.

Qualcomm is fined $865 million by South Korean antitrust regulator
The findings closed out an investigation that began in 2014 and included intervention from Apple, Huawei, Intel and MediaTek. The fine violates the terms of a free-trade agreement between South Korea and the United States, Qualcomm said.

CBS signs deal to be on Hulu's live-streaming platform
Needham's Laura Martin also told Benzinga that the CBS and Hulu deal will likely start at $2.50 to 3.00 per month. Sling TV has three options for people: a $20 base plan, a $25 middle ground and a $40 all-inclusive.

Nigeria's Dele Alli scores twice to sink Chelsea
Chelsea simply haven't had to worry about multiple games over the course of one week all that much before December. He said: "Maybe we will feel how Leicester felt last season, when all the teams were with them and against us".

SpaceX concludes accident investigation, to start launching rockets again
Air Force, the Federal Aviation Administration and industry experts - found "buckles", or valleys, in the vessels' inner liners. It seems that the materials used for these helium pressure vessels may have had a bad reaction with the oxygen in the tank.

Brazilian police say Greek ambassador was killed by wife's lover
Amiridis'wife originally said he left the family home on Monday without saying where he was going and had not seen him since. Rio police inspector Evaristo Pontes had earlier told Brazilian media that he did not believe the ambassador was kidnapped.

United Kingdom vehicle sales at record high in 2016
However the SMMT is predicting sales could fall as much as 5pc this year as demand for new cars drops from its peak. The growth is due to a "very strong" consumer confidence with low interest deals and the launch of many new models.

MNF: Cowboys vs Lions Game Thread
It looks like not many experts believe the Lions will get the win tonight, however, that is exactly the way Detroit likes it. During his 5,000-yard season of 2011, Stafford beat the Cowboys in his first game back in his hometown as a pro.

Mother dies after falling out of Colorado ski resort chairlift with children
The Quickdraw Lift has been temporarily shut down and the Colorado Passenger Tramway Safety Board is investigating the incident. The 25-foot fall killed the 40-year-old mother, who was pronounced dead at a Granby emergency room, according to police.