Jim Warman Posted October 20, 2010 Share Posted October 20, 2010 Not sure if anyone remembers... in 2008, Mark Fabian was charged with, amongst other things, manslaughter after a school van he worked on crashed killing at least one person. I don't bring this up for us to discuss any mistakes made nor to condemn the man - we know nothing of his work ethic nor his skill level..... I bring this up because each and every one of us is in a position where we have the opportunity to make <that> mistake that might change our lives forever. Mr. Fabian was convicted in Septemebr of this year and will be sentenced in December. Be careful out there, boys and girls... Quote Link to comment Share on other sites More sharing options...
Keith Browning Posted October 20, 2010 Share Posted October 20, 2010 I recall us discussing this topic at one time. To bring us all up to speed I Googled his name and came up with this article... I am sure there are more out there if we dig. Mechanic charged in death when brakes failed Submitted by SHNS on Wed, 03/11/2009 - 13:05 By DANIEL MALLOY, Pittsburgh Post-Gazettenational ShareThis Investigators first traced the cause of a fatal crash in Pittsburgh to the brakes, then to the fluid cap, then to the mechanic who left the cap unscrewed. Last week, the mechanic was arrested and charged with involuntary manslaughter, setting in motion what legal experts say is a remarkable case. "I have not heard of anything like that," said Duquesne Law School professor Bruce Antkowiak, a former federal prosecutor and criminal defense attorney. "It's a law school test case." Mark Fabian, 33, faces a preliminary hearing that prosecutors said will be scheduled for March 27 on charges that he caused the death of Colleen Visconti and injuries to three others. The Sept. 3 crash happened when the brakes failed on a minivan transporting Visconti and two special-needs students home from the Pioneer Education Center. The van crashed into a tree. Visconti, 53, died Sept. 12 of complications from the abdominal injuries she suffered in the crash. Students Walter Chancellor and Tyler Blazier were treated for head and facial injuries at Children's Hospital. According to a criminal complaint, driver Jennifer Logan, who fractured her leg in the wreck, told investigators that she noticed problems with the brakes on the Dodge Caravan earlier in the day. She took it to the Lawrenceville garage for A-1 Van Service, which owned the van. Fabian was assigned to work on the van, and he told officers from the collision investigative unit that he did a thorough job. But officers presented evidence to the contrary. According to the complaint, investigators found an obvious crack in the right rear brake and dust on both rear brakes, suggesting they had not been examined. The most crucial piece, though, was the master cylinder filling cap, which was not reattached after being unscrewed. Investigators determined that the cap's absence allowed brake fluid to drain from the car, rendering the brakes lifeless. Logan said that as she went down a hilly street, she pressed the pedal all the way down, but it had no effect. Investigators found a trail of brake fluid from the top of the hill to the crash site. Fabian insisted that he never opened the hood and wasn't responsible for the misplaced yellow cap. But investigator Michael McNamara noted in his report that when confronted with the physical evidence, Fabian became evasive and avoided eye contact. McNamara concluded that Fabian lied on a work order claiming he had inspected the vehicle and lied about the cylinder cap. "Mark Fabian's failure to place this vehicle out of service is the cause of this crash," McNamara wrote. To convict Fabian, prosecutors must prove that his actions -- or inactions -- caused the wreck, and those actions were "reckless or grossly negligent." Criminal defense attorney and former Allegheny County prosecutor Patrick Nightingale said that's a tough standard to meet. "Is the commonwealth going to prove beyond a reasonable doubt that this guy's mistake was so egregious that it merits criminal responsibility?" Nightingale said. "It's going to be very interesting and potentially very defensible." Daniel Malloy can be reached at dmalloy(at)post-gazette.com. For more stories visit scrippsnews.com Must credit Pittsburgh Post-Gazette Quote Link to comment Share on other sites More sharing options...
Brad Clayton Posted October 21, 2010 Share Posted October 21, 2010 A similiar incident happened (don't remember where) when a tech overhauled a trans in a Suburban. Something happened with the park pawl and the vehicle rolled into a lake and the occupants drowned. Not sure if that's a word. Quote Link to comment Share on other sites More sharing options...
gasgasman Posted October 21, 2010 Share Posted October 21, 2010 How does fluid flow out of the master cylinder-with the cap off-and render the brakes useless? Quote Link to comment Share on other sites More sharing options...
Jim Warman Posted October 21, 2010 Author Share Posted October 21, 2010 I didn't really bring this up so we could start debating details - especially since not many details have been printed by the media. Did the driver apply the park brake? Did the park brake work? Is the missing fluid reservoir cap the cause? Was it used to suggest shoddy workmanship? WE DON'T KNOW!! For this, you'd need a trial transcript. The salient thing is that a technician was CONVICTED OF MANSLAUGHTER... was this conviction based on something he did? Or something he failed to do? In the past, these kinds of events would not likely have resulted in criminal charges but remained in the realm of civil litigation. All that has changed, now. I think this is a precedent...... Quote Link to comment Share on other sites More sharing options...
Keith Browning Posted October 21, 2010 Share Posted October 21, 2010 You are right Jim, we are short on details but the thing that stands out to me is that apparently the guy documented that he had pulled the wheels and checked the brakes when the investigation revealed there was strong evidence that he in fact did not. Seems to me that if you sign off on something you had better be sure it was done. Quote Link to comment Share on other sites More sharing options...
joshbuys Posted October 21, 2010 Share Posted October 21, 2010 Seems to me that if you sign off on something you had better be sure it was done. +1 Quote Link to comment Share on other sites More sharing options...
Jim Warman Posted October 22, 2010 Author Share Posted October 22, 2010 You are right Jim, we are short on details but the thing that stands out to me is that apparently the guy documented that he had pulled the wheels and checked the brakes when the investigation revealed there was strong evidence that he in fact did not. Seems to me that if you sign off on something you had better be sure it was done. Call me paranoid... there is "strong evidence" to "suggest" this man "didn't pull the wheels".. yes, he might be the worlds biggest hack... but without the facts, where do we stand? He might also be the worlds biggest dupe. If you have access to the documents... share.... If not, are we reading hype? Would you like to be convicted on the basis of "strong evidence"? ('Scuse me... "fact" must be on vacation). I haven't read any repair or inspection records. I haven't read any court documents. I haven't read the accident reports. At this point, I cannot choose sides.... Remember... I am often called to assist in accident reconstruction... A mistake made on my part could have life-changing effects on a court proceeding.... on someones life... on someones family. One report was that the brake fluid reservoir cap was left off... Once we have established that this is fact... we further need to establish if this affected the operation of the brakes. All I stated was - and quite simply - is that this man was convicted of manslaughter... was this conviction rightful? I can't tell from where I am sitting. What I can tell you is that this case, as far as I can see, has set a precedent... For you and me, it may be a dangerous precedent. Every time that justice is seen as carried... there is the opportunity for justice to have been miscarried. Quote Link to comment Share on other sites More sharing options...
gasgasman Posted October 22, 2010 Share Posted October 22, 2010 I can guarantee you there will be no technicians on the jury. I see techs doing stuff and I think in my mind, what if that vehicle got in a wreck? Lawyers can find all sorts of things Quote Link to comment Share on other sites More sharing options...
Jim Warman Posted October 22, 2010 Author Share Posted October 22, 2010 I can guarantee you there will be no technicians on the jury. I see techs doing stuff and I think in my mind, what if that vehicle got in a wreck? Lawyers can find all sorts of things Ladies and gentlemen - please do not disturb your cards.... we have a BINGO... My day is a series of interruptions interrupted by a a series of interruptions. In the last 10 years, there has been two instances that had the opportunity to end badly. Two instances where I allowed my attention to be diverted. One side of me says "as far as humans go, that probably ain't too bad". My other side says "How the fuck can you sleep at night if you can make this kind of procedural error". My job is all about getting distracted.... "I'll be there after I tighten this"... if I can't tighten "those fasteners", I might remove them... I might lay a wrench in a particular place (when changing oil... the drain plug and the wrench live together until the plug is tightened - if I look around and see the wrench....), when I drain the engine oil, my oil jug is placed in 'such' a place to remiond me to fill the crankcase.... I hang a rag from the doorhandle to signify a car that is out of gear and up on the jack beams.... I am fucking anal about this shit... and I will admit to two instances of oversight..... Now.... be very careful, here.... because I have seen and fixed MANY cases of other techs oversights.... If you think you are perfect, there is every chance that it is because nobody has told you they fixed your fuck up.... Now... who here hasn't assumed something based on apparent evidence... "The brake linings must be OK because the master cylinder is full".... Wheel alignment must be OK because the tires aren't worn funny... 4WD on a super duty must work even though we didn't check to see if the hubs are already locked in.... a gearbox of any sort must have enough oil in it because it doesn't look like it is leaking. Each and every one of us is one act away from becoming neighbours with Mark Fabian... be it by design or by accident. We desparately need to rid this trade of thieves, charlatans and hacks.... My dear old Mum used to say "Don't cut off your nose to spite your face". Bad things can happen to good people... Quote Link to comment Share on other sites More sharing options...
Mr.Meanwrench Posted October 22, 2010 Share Posted October 22, 2010 I just found this article http://www.post-gazette.com/pg/10265/1089316-53.stm Sounds like fraud to me.... Quote Link to comment Share on other sites More sharing options...
gasgasman Posted October 23, 2010 Share Posted October 23, 2010 Oh yeah. Those multipoint sheets we love to hate, can be used in court also. Quote Link to comment Share on other sites More sharing options...
Jeff_E Posted October 23, 2010 Share Posted October 23, 2010 The ones I'm forced to fill out for free you mean? Quote Link to comment Share on other sites More sharing options...
Keith Browning Posted October 23, 2010 Share Posted October 23, 2010 In light of QCI sheets and forms... not to mention repair orders that we write up we are reminded that what we are responsible for everything we do because of the implications of our actions, or inactions. Our negligence can be easier to prove than it is to defend. If we say we inspected something or we measured something we had better have actually done so and accurately documented what we did. Unfortunately the automotive business is full of deceitful and incompetent people and has earned a negative reputation that affects all of us to some degree. We all know many good, honest technicians, writers managers and business owners whom I believe represent the majority of those in our business. Unfortunately we all start out with this hanging over our heads from the word go and it doesn't matter who you are or where you work. Quote Link to comment Share on other sites More sharing options...
gasgasman Posted October 24, 2010 Share Posted October 24, 2010 The ones I'm forced to fill out for free you mean? Did you know Ford credits the dealers money for filling these out? Quote Link to comment Share on other sites More sharing options...
Jeff_E Posted October 24, 2010 Share Posted October 24, 2010 I did not know that... I sure hope that means the dealership assumes all liability if I miss something on a multi point inspection. You know, since they get the money for the inspections, they should assume the liability. How much do the dealers get by the way? Quote Link to comment Share on other sites More sharing options...
Bruce Amacker Posted December 2, 2010 Share Posted December 2, 2010 Mark Fabian sentenced to 2.5 to 5 years: http://www.post-gazette.com/pg/10335/1107385-100.stm In light of the fact his fraudulent paperwork caused someone to die, I think this is a light sentence. Quote Link to comment Share on other sites More sharing options...
deezul Posted December 3, 2010 Share Posted December 3, 2010 Agreed! This sentence is wayyyyy to light. Quote Link to comment Share on other sites More sharing options...
nunan Posted December 19, 2010 Share Posted December 19, 2010 in this case, since he seemed to falsify paperwork. he got what he deserved. i know many mechanics who never double check themselves, and forget that people put their lives in our hands. with my school buses, if the paperwork doesnt match the drivers walkaround sheets, they fine us. luckily, i havent received any fines, but the previous guy had almost 10k in fines over the course of his 4 years as acting head mechanic. the fact that i have to constantly remind the other guys who work for me, that you should take pride in what you do for a few reasons always surprised me. i agree, lawyers can find a lot of things in paperwork. if you're taking the time to write it, you should take the time to do it as well. CYA Quote Link to comment Share on other sites More sharing options...
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