The parents of a 5-year-old girl killed in a car accident are suing Apple after it was revealed that the driver of the vehicle that smashed into them was using FaceTime while driving.
The Daily Mail reports that 22-year-old Garrett Wilhelm had been using FaceTime when he smashed into the back of James and Bethany Modisette’s car in 2014, killing their daughter, Moriah, who was in the back seat.
Wilhelm faces manslaughter charges for the incident, but the Modisettes also blame Apple and are suing the popular technology company for an undisclosed sum.
The suit alleges that Apple failed into install a patented design that would lock out a user while he or she is driving. However, it is unclear whether such technology exists or how it would work, specifically.
“Despite both the technology since 2008 and a patent on that technology so it could exploit its patent without competition for 20 years,” declares the court filing, “defendant Apple has consistently and continuously failed to implement a safer, alternative design that would lock-out and prevent use of FaceTime while driving.”
The Modisettes further claim that such technology would cost Apple a minimal expense to implement, though they offer no concrete evidence of this.
They claim that by failing to implement the technology, Apple has "breached a duty of care to plaintiffs."
According to Newser, Wilhelm drove his Toyota 4Runner over the back of the Modisette’s car as they slowed for oncoming traffic. The Modisettes and their eldest daughter were injured, while young Moriah died of her injuries.
Apple has so far refused to comment on the situation.