The Modisette family car was stopped on I-35 in Texas because of police activity ahead. Wilhelm crashed into the Modisettes’ car, severely injuring each family member and subsequently resulting in the death of Moriah Modisette, age five. Wilhelm’s iPhone 6 FaceTime application was activated at the time of the accident. Apple had previously patented lockout technology to block the use of certain iPhone functions while the user is driving. FaceTime was factory installed, and it was not an optional application. The Modisettes sued Apple for its failure to design and manufacture its phones so drivers would not be able to use FaceTime when driving. The Modisettes introduced studies demonstrating the addictive and compulsive nature of mobile phone use. 

Questions 

1. Based on the above requirements for any negligence claim, how would you rule on the Modisette negligence claim? Explain. 

2. Return to the Trump Indiana, Inc., text box. How would you rule on Merrill’s claim? Explain.