Apple is being sued by a Texas couple over the death of their 5-year-old daughter. James and Bethany Modisette filed a lawsuit in California Superior Court – Santa Clara with claims that Apple’s FaceTime app distracted the driver who crashed into their car, resulting in their child’s death. The family is suing on the basis that Apple failed to install and implement a “safer, alternative design” that could’ve stopped the driver from using FaceTime while driving in high speeds on the highway. ABC News reports that the tragic accident happened on Christmas Eve in 2014. The Modisette family was driving a Toyota Camry, with their daughter Moriah, 5, in a booster seat in the left rear passenger seat and her sister Isabella in the seat next to her. The other driver Garrett Wilhem was traveling at 65 mph, in his Toyota 4Runner, riding behind the Modisette’s car. The Modisette’s slowed down and stopped due to police activity on the highway, which caused traffic to hault. In the lawsuit, the family claims Wilhem struck their car from behind due to distraction by FaceTime. His car “continued its trajectory by rolling up and over the driver’s side of the Modisette car.” Car damages was extensive enough on the Modisette’s car that rescue workers was forced to extract the father and 5-year-old from the Camry. The mother and daughter Isabella were treated for injuries. The father was in critical condition, however, Moriah later died from her injuries at the local children’s hospital. “Wilhelm told police at the scene that he was using FaceTime on his iPhone at the time of the crash, and the police located his iPhone at the crash scene with the FaceTime application still active,” the suit claims. The Modisettes states in their suit that, “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] … However, Apple failed to configure the iPhone to automatically ‘lock-out’ the ability to utilize ‘FaceTime’ while driving at highway speeds, despite having the technical capability to do so.” Wilhelm was indicted on manslaughter charges by a grand jury in Denton County, Texas. He has been out of jail on bail since August, and a jury trial in the case is scheduled for Feb. 27, ABC News reports. Wilhelm’s lawyer, Ricky Perritt, told the press: “The Wilhelm family offers their thoughts and prayers for the family of the young lady who lost her life in this tragic accident. We are confident that after all the facts are brought out in Court, it will be shown that the use of a cellular device did not contribute and Mr. Wilhelm did not commit a crime … it was simply an accident.”
