facetimeWe all know we shouldn’t use our phones while we drive, but it seems that some people insist on doing it anyway. Unfortunately in some cases, this has resulted in fatal car accidents, like back in 24th December, 2014 in which a 5-year old girl by the name of Moriah Modisette was killed after a car plowed into the rear of Modisette’s car at a speed of 65 mph.

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Now it seems that Modisette’s parents, James and Bethany Modisette, have filed a lawsuit against Apple over the FaceTime feature. According to Courthouse News, it seems that the lawsuit was filed after it was discovered that Apple had a patent for FaceTime and how it could be disabled when used while driving.

The Modisettes are alleging that Apple had failed to implement the feature, and instead chose to release a “less safe” version that ultimately led to the death of their daughter. The complaint reads, “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 for a ‘driver handheld computing device lock-out.”

They are seeking economic damages related to the injuries suffered in the crash, as well as punitive damages. Apple has yet to comment on the lawsuit.

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