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Texas couple sue Apple after driver using Facetime led to daughter’s fatal Christmas Eve crash

December 31, 2016  |  Posted by: Francesca Falzarano
Texas couple sue Apple after driver using Facetime led to daughter’s fatal Christmas Eve crash

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A Texas couple is suing Apple after they were involved in a car accident that they say was caused by a driver using FaceTime, claiming that the tech giant should have blocked the function when vehicles are moving.

On Christmas Eve in 2014, James and Bethany Modisette came to a stop due to a traffic incident ahead of them. Their children, 8-year-old Isabella and 5-year-old Moriah, were in the back seat.

All members of the family had their seat belts on.

Talking on FaceTime and not paying attentions to the traffic ahead of him, Garrett Wilhelm crashed into the rear of Modisette’s vehicle at 65 mph. He was on his way to his parents’ house at the time.

Garrett Wilhelm, who is now set to face manslaughter charges in the death of  8-year -old Isabella Modisette

James and Moriah were severely injured from the crash, with Bethany and Isabella watching as their family members were pulled from the wreck by rescue workers.

Moriah was immediately airlifted to a hospital. However, she died of her injuries.

Wilhelm’s FaceTime was still on when police arrived on the scene, the distracted driver is now facing charges of manslaughter. The Denton Record-Chronicle reported that his trial is scheduled for February 27th.

The lawsuit was filed on behalf of James and Bethany Modisette, who lost their daughter in a horrifying car crash

Wilhelm has been released on bail since August 2015.

In the lawsuit, which was filed nearly two years to the day after their daughter was killed, the family mentions Apple’s “failure to install and implement the safer, alternative design … to ‘lock out’ the ability of drivers to utilize FaceTime.”

Similarly, the parents assert that the company doesn’t warn FaceTime users that “the product is likely to be dangerous when used or misused in a reasonably foreseeable manner.”

According to KTLA, Apple filed for a patent for a driver lock-out feature in 2008.

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