Apple on Tuesday was sued by two victims of the fatal Apple Store crash that took place in Hingham, Massachusetts, last week, in which one person was killed, and 19 others were injured.
Deadly Apple Store Crash
The tragedy took place on November 21 when an SUV drove through the front glass window of Apple’s retail location at the Derby Street Shops plaza in Hingham, Massachusetts.
The SUV driver, Bradley Rein, 53, of Hingham, claimed his right foot got stuck on the gas pedal and that he was unable to apply the brakes before his vehicle crashed into the store. However, a fire marshall who saw video footage (likely from CCTV) of the accident, said that the act seemed to be intentional.
The crash claimed the life of 65-year-old Kevin Bradley of New Jersey, who was helping with construction taking place at the store, while 19 others were injured, some seriously.
Rein was later arrested and charged with “reckless homicide by motor vehicle” and “reckless operation of a motor vehicle” in addition to other charges (via 9to5Mac). He pleaded not guilty to the charges on November 22 and is being held on $100,000 cash bail. Rein’s next court appearance is scheduled for December 22.
Lawsuit Filed Against Apple And Other Parties
Apple, the owner of the building, the property developer, and other entities are now being sued in two lawsuits for allegedly failing to properly protect the store’s occupants by not installing barricades near the store.
The two lawsuits have been filed by victims who sustained injuries in the incident and their families. One of the complainants is an Apple store employee Stephen Parrish who was injured in the incident, the complaint says. However, his lawsuit does not mention his employer, Apple.
In the other complaint, it states that the victim, Matthew Timberger, sustained injuries including fractures in two limbs and his ribs, and requires surgery. Timberger and his family have made accusations of negligence and loss of consortium against the defendants in relation to the incident.
The defendants’ negligence, according to Timberger and his family, caused loss of “company, companionship and affection” in his relationships with his spouse and children, the lawsuit claims.
The lawsuits also accuse Bradley Rein, the alleged driver, of negligence when he “carelessly, recklessly, and negligently operated the SUV.”
“Our experts tell us that this catastrophe was 100% preventable. They simply needed to place a few barriers or bollards between the parking lot traffic, which was busy holiday traffic, and the public only ten yards separated the two. For just a few dollars, a couple of barriers could’ve easily prevented this entire tragedy,” said Doug Sheff with Boston-based Sheff & Cook law firm who represents Parrish and Timberger.
Sheff further pointed out that the shopping plaza chose to have protective barriers in front of electrical fixtures and trash receptacles behind the building but not in front of the Apple store.
“There’s protection with barriers for pipes. There’s protection for electrical fixtures, notably right next to pedestrian walkways, unprotected. There is even protection for dumpsters,” he added.
“So in this location, trash is better protected than human lives. Why is that? Would it be for esthetic purposes?”
Both lawsuits have requested a jury trial.
Apple has not yet responded regarding the lawsuits. “Our hearts go out to our team members and customers who were injured and all of those who were affected by this terrible incident,” the company said in a statement last week.
“We are devastated by the shocking events at Apple Derby Street today and the tragic loss of a professional who was onsite supporting recent construction at the store. We are doing everything we can to support our team members and customers at this very difficult time.”