A Texas couple is blaming Apple for failing to implement "lock-out" capabilities on its facetime app. The couple claim that the app distracted a driver who rammed into their car, killing their 5-year-old daughter.

James and Bethany Modisette filed a lawsuit on Dec. 23 against Apple at the California Superior Court in Santa Clara County for damages. They argue that the company failed to install and implement a "safer, alternative design" for FaceTime which would have helped to prevent a driver from using the app while traveling at highway speed.

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The lawsuit alleges that Apple had applied for a patent for this feature in 2008. However, the company had not yet installed the feature which could have prevented the crash and their daughter's death.

The couple also claims that Apple failed "to warn users that the product was likely to be dangerous when used or misused" or to instruct on its safe usage.

Christmas Eve 2014 Car Accident

The car accident occurred on Christmas Eve in 2014 on a Texas highway. Five-year-old Moriah Modisette was killed, and her father was seriously injured when driver Garrett Willhelm rammed into their car at 65 mph, according to Fortune.

Wilhelm was indicted on manslaughter charges by a grand jury in Denton County, Texas, and he has been out of jail on bail since August. However, a jury trial of the case is scheduled for Feb. 27, according to the Denton Record-Chronicle.

Manslaughter is a second-degree felony in Texas, and it carries the possibility of a maximum  $10,000 fine and a prison sentence of at least two years but no more than 20.

Apple did not immediately respond to the request for a comment on the case.

TagsTexas, FaceTime App, Apple's App, Apple Inc., car crash