Skip to main content

Family files lawsuit against Apple, blames FaceTime for daughter’s death

how to use Split View on a Mac
Image used with permission by copyright holder
Apple’s FaceTime proved to be a healing tool for one Digital Trends editor, but James and Bethany Modisette believe that Apple’s “less safe” FaceTime implementation is responsible for their daughter’s death, reports Courthouse News.

On December 24, 2014, the Modisettes were on Interstate 35, with James needing to slow the car down due to road congestion. The family’s car was then rear-ended by another car at 65 miles per hour, which left Moriah, one of the Modisettes’ daughters, with severe injuries that later resulted in her death.

Recommended Videos

When talking to police, the 20-year-old driver who crashed into the Modisettes’ car admitted to using FaceTime on his iPhone 6 Plus while driving. According to the Modisettes’ complaint, authorities found the FaceTime app open and a call in progress when they arrived at the scene.

The crux of the complaint, which was filed in the Santa Clara County Superior Court in California, does not concern itself with the driver that rear-ended the family’s vehicle. Instead, the lawsuit asserts that the driver’s conduct is “inextricably intertwined” with Apple’s failure to implement a FaceTime feature that renders the app inaccessible while someone is driving.

The complaint also chastised Apple for not implementing the aforementioned FaceTime lockout feature, even though the company has the patent for it. Finally, because the iPhone 6 Plus does not implement the technologies for the feature, the lawsuit claims Apple acted with intent to cause injury, with a “willful and knowing disregard of the rights and safety of another” in order to make a profit.

“Despite both the technology since 2008 and a patent on that technology so it could exploit its patent without competition for 20 years, defendant Apple has consistently and continuously failed to implement a safer, alternative design that would lock-out and prevent use of FaceTime while driving,” reads a relevant portion of the complaint.

The Modisettes’ lawsuit seeks damages, including punitive damages, and medical expenses. Digital Trends reached out to Apple for comment and will update accordingly.

Williams Pelegrin
Former Digital Trends Contributor
Williams is an avid New York Yankees fan, speaks Spanish, resides in Colorado, and has an affinity for Frosted Flakes. Send…
Apple may finally ditch the iPhone’s notch/pill in 2024
iPhone 13 Pro's smaller notch compared to the iPhone 12 Pro's larger notch.

After years of sporting a distinctive notch, the iPhone may finally shed the divisive feature with the iPhone 16 in 2024. There will be no hole punches either, according to Apple analyst Ming-Chi Kuo. It'll be the first iPhone with an uninterrupted full-front display.

"I think the real full-screen iPhone will come in 2024. High-end iPhones in 2024 would adopt an under-display front camera alongside the under-display Face ID. A lowlight condition is detrimental to front camera quality, and [Image Signal Processor and]  algorithm are critical for quality improvements," Kuo said.

Read more
Apple faces more supply issues due to manufacturing halt
foxconn china tariffs could make iphone more expensive manufacturing

The production of Apple products has been halted in three major manufacturing plants across Shanghai due to the Chinese government's current COVID-19 restrictions. Two of the production companies affected, Pegatron and Quanta, assemble iPhones and MacBooks for the tech giant and are unsure as to when they'll be back up and running following this halt in production. Compal, a company that assembles the company's iPads, will also be halting production temporarily.

Pegatron, the company that runs two Shanghai-based iPhone manufacturing plants, told Nikkei Asia that it hopes to "resume production soon," however it wasn't able to supply any concrete information on when that might be. Quanta's MacBook production has similarly been on hold since the start of April, with no hopes of reopening in sight due to the latest wave of COVID-19 that's been making its way throughout the world.

Read more
The best screen-time apps to get your digital life under control
Screen Time

It's easy to do just about anything with your smartphone. From paying your bills to ordering groceries, once-arduous tasks can be completed in minutes. If you're like many people, however, you may be concerned about the amount of time you're spending on your phone. Luckily, there are some excellent apps that can help you find a little balance. Here are our favorite apps to help you reduce screen time and reclaim your life.

See more

Read more