Case Summary: Modisette v. Apple Inc.

In the context of a motor vehicle accident where the at-fault driver was distracted by using his cell phone, the claim against Apple Inc. for marketing the cell phone without technology to disable its use while the user is driving was summarily dismissed.

Modisette v. Apple Inc., 2018 Cal. App. LEXIS 1158 (C.A. Cal., Sixth Appellate District), per Danner, J. [4301]

FACTS AND ISSUES:

Bethany and James Modisette were injured and their daughter Isabella was killed in a motor vehicle accident on a highway on 24 December 2014. They had been forced to stop because of police activity when a vehicle operated by Wilhelm collided with the Modisette vehicle at highway speed. Wilhlem was using the FaceTime application on his iPhone 6 Plus at the time.

The Modisettes alleged that in December 2008 Apple had applied for a patent on lockout technology to disable the ability of a driver to perform certain functions on the iPhone while driving. Apple was granted the patent in April 2014. Apple issued the iPhone 6 Plus in September 2019 with FaceTime installed as a non-optional application, without the lockout technology installed. The Modisettes relied on submissions in the Apple patent application to the effect that 80% of auto accidents are caused by driver distractions such as applying makeup, eating and text messaging on handheld devices.

The Modisettes sued Apple alleging negligence, strict products liability, negligent or intentional application of nervous shock, loss of consortium and public nuisance. They alleged that Apple was negligent for failing to design the iPhone to preclude or "lock out" the ability of a person to utilize FaceTime while driving. They also alleged that Apple had failed to warn iPhone users that it was dangerous to use FaceTime while driving.

Apple successfully filed a demurrer, asking the trial court to dismiss the action against it. The trial court also refused to allow the Modisettes to amend their pleadings to allege that Apple's more recent implementation of Do Not Disturb While Driving technology established a causal relationship between the phone and the Modisettes' injuries.

The Modisettes appealed.

HELD: For Apple, appeal dismissed.

The Court held that Apple did not owe the Modisettes a duty of care in the circumstances because of "the tenuous connection between the Modisettes' injuries and Apple's design of the iPhone 6 Plus without lockout technology" and "the burden to Apple and corresponding consequences to the...