A couple from Texas has sued Apple, claiming that their minor daughter was killed in a vehicle crash that was caused by a driver who was distracted by the tech giant's FaceTime video chatting app.
There is no call or FaceTime that is more important than focusing on driving.
According to the report, James and Bethanoy Modisette were driving their Toyota Camry with 5-year-old daughter Moriah when they slowed down due to police activity ahead.
An Apple spokesperson did not immediately respond to a request for comment.
According to ABC News, the Texan couple is suing Apple for damages based on the fact that the tech giant had failed to implement a safer and alternative design for their video chatting app which could have helped to prevent the driver from using the app while driving at such a speed. Apple filed a patent for such a feature in 2008, but it has never been launched. The Modisette's lawsuit alleges that Mr. Wilhelm was using FaceTime at the time of the collision, which contributed to his failure to notice the traffic stopped in front of him.
According to the lawsuit, obtained by California television KTLA, police found that FaceTime was running on the iPhone of the driver who was going at 65 miles per hour.
In an accident the driver involved in the crash, Garrett Wilhelm, drove his SUV into the back of the Modisette family's vehicle while travelling at high speeds.
The patent was granted in 2014 by the U.S. Patent and Trademark Office, yet the Cupertino stronghold did not update the app with the lock-out feature for devices such as the iPhone 6 Plus the distracted driver was using.
The lawsuit documents state that he told police he was using FaceTime at the time of the crash and that the application was still active when police found his phone at the scene.
James and Bethany Modisette, the parents of the child, are suing the tech giant for damages saying the company failed to install and implement a safer design that would have kept the driver from using FaceTime while driving, the lawsuit, filed December 23 in California Superior Court in Santa Clara County, states.
Wilhelm was indicted on manslaughter charges by Denton County, Texas, according to the Denton Record-Chronicles.
An Apple employee demonstrates "Face Time" on the iPhone 4.