A lawsuit has been filed against Apple Inc. (NASDAQ:AAPL) for failing to implement technology it had patented to prevent an accident. The lawsuit has been filed by parents of a 5-year old girl who died when a driver who had been using Apple’s FaceTime app crashed into the back of the car the girl was riding in with her parents. As with other lawsuits of this nature, the suit is seeking monetary compensation for the damages and medical expenses incurred as a result of Apple’s ‘negligence’. The suit is, however, not seeking to have Apple compelled to install and implement the technology on its devices.
Failure to implement technology
According to the couple, James and Bethany Modisette, the iPhone maker had the technology necessary for making it possible for drivers to use the app while driving since it would be a distraction. However, Apple chose not to implement the technology in iPhone 6 despite the patent having been granted in 2014 after an application was put in 2008.
“Defendant Apple Inc. has had the technology to prevent these events, and the Modisettes’ injuries, specifically since at least Dec. 12, 2008, when it filed an application with the U.S. Patent Office,” part of the complaint reads.
Distracted young driver on his smartphone
At the time of the accident, the Modisettes were driving on Interstate I-35 in an area north of Dallas, Texas when James slowed down due to traffic congestion only for a distracted driver to slam into the back of the family’s Toyota Motor Corp (ADR) (NYSE:TM) Toyota Camry with his Toyota 4Runner. This resulted in the death of Moriah Modisette, then five years old, and serious injuries to the rest of the family members. The driver of the Toyota 4Runner, Garrett Willhelm, who was then a 20-year old disclosed to the police that he had been on FaceTime when he crashed his car. Police also found the FaceTime app still running on Willhelm’s iPhone 6 Plus at the accident scene.
In Thursday’s trading, Apple Inc fell by 0.03% to close the day at $116.73 a share.