[KS circutguy]

LOS ANGELES (AP) - The widow of the man who was driving a Porsche sports car that crashed and killed actor Paul Walker sued the automaker on Monday, claiming design flaws caused both men to die in a fiery crash in November.

The wrongful death lawsuit by Kristine M. Rodas says her husband was driving at 55 mph - not at unsafe speeds as law enforcement investigators determined - before it crashed last year. Roger W. Rodas was driving a 2005 Porsche Carrera GT capable of more than 200 mph, but his wife's lawsuit says the vehicle lacked a proper crash cage and safety features in the gas tank that would have saved both men's lives.

The lawsuit also contends that a failure in the car's suspension system forced it to careen out of control and strike three trees while driving down a street in Santa Clarita.

"The Carrera GT was unsafe for its intended use by reason of defects in its manufacture, design, testing, component and constituents, so that it would not safely serve its purpose," the lawsuit states.

The lawsuit seeks unspecified damages from Porsche Cars North America, which did not immediately return email messages seeking comment.

Kristine Rodas' attorney, Mark Geragos, said he hired the top experts in the country to evaluate the wreckage and crash. The results, he said, were an unbiased look at the accident that refutes an official investigation that determined the sports car was speeding at up to 94 mph when it crashed.

The results of an investigation by the Los Angeles County Sheriff's Department and California Highway Patrol was released in March and concluded that it was unsafe speed and not mechanical problems that caused the crash. That investigation was aided by engineers from Porsche, who evaluated the wreckage of the rare car.

The differing opinions on the crash will likely be a part of any trial over the lawsuit, which could take years to resolve.

Roger Rodas was trained as a race car driver, according to his wife's lawsuit. He left behind two young children upon his death.

Walker, the star of the "Fast & Furious" film franchise, co-owned an auto racing team with Rodas named Always Evolving.

Walker's death occurred on a break in the filming of "Fast & Furious 7," and the actor's two brothers are helping complete action scenes in the film. The film's release has been delayed until April 2015.

http://www.katu.com/news/entertainme...258984061.html

[Jagtec1]

Good luck with that one.

[Bob Dillon]

Originally Posted by Jagtec1

Good luck with that one.

It'll never get to trial.

The purpose of the action is to have Porsche's lawyers figure out what the cost of a defense might be, factor in the possible loss at trial, and then toss the survivors a bone to go away.

55 MPH, huh? Didn't the accident investigation say 80-90?

[Jagtec1]

Our legal system is flawed. This is nothing more than a frivolous lawsuit looking for $$. You're correct, it'll never get to trial...but someone will likely make a decent chunk simply by manipulating the system.

[242177P]

She also quoted Porsche's “Carrera GT is as close to a racecar as we will ever get”.
If they were only going '55 mph' how exactly is that pertinent?

The smell of money is in the air.
http://www.autoblog.com/2007/10/24/4...rrera-gt-case/

[2002Z4CSS]

Sounds like these idiots are looking for cash. He should have been in a bubble. But really not knowing how to drive, loosing control and hitting a tree at 55 mph he should have been able able to walk away from it? Really? I hope they don't get a dime.

[JLHarper]

Originally Posted by Bob Dillon

It'll never get to trial.

The purpose of the action is to have Porsche's lawyers figure out what the cost of a defense might be, factor in the possible loss at trial, and then toss the survivors a bone to go away.

55 MPH, huh? Didn't the accident investigation say 80-90?

Of course, a settlement is very common. Any neg spotlight is bad for business.

This one may continue to surprise us (like posted in the other thread), and big question is: will his family/others jump in?

Bob Dillion: you posted in the other thread: the driver would be sued, but a few of us "non legal" peeps on the forum knew they always go where the "really" big (and easy) bucks are....

.....and the fact those Factory engineers came to the accident scene said a lot...... part "accident" investigation, part preparing their defense.

Other Thread after it happened.....

http://forums.maxperformanceinc.com/...+walker&page=3

[geeteeohguy]

I'm gonna sue the hammer maker next time I smack my thumb. Yeah, that's it. The increasing number of people who are unwilling to take responsibility for their own actions and instead sue whoever they can are tearing this country down to the waterline. The person filing the frivoulous lawsuit should be stuck with the legal bills, and counter-sued for defamation to Porsche. I liked Paul Walker, and it's a tragedy, but come on.....we all know what happened here, and we've all BTDT to a certain degree.

[Bob Dillon]

Originally Posted by JLHarper

Of course, a settlement is very common. Any neg spotlight is bad for business.

This one may continue to surprise us (like posted in the other thread), and big question is: will his family/others jump in?

If the other family (if any?) did, the suits would almost certainly be consolidated into the instant action. And, in California, about 95% of such suits settle without a trial. As to the driver of the car, I'd be amazed if his insurance company hasn't already just cut a check for policy limits, which gets them off the hook.

Bob Dillion: you posted in the other thread: the driver would be sued, but a few of us "non legal" peeps on the forum knew they always go where the "really" big (and easy) bucks are....

There's no limitation on the number of defendants. They're freebies, all insured, and just as likely as Porsche to cough up settlement money. The factory? Sure. But the municipality that maintains the roads, the company that installed street signs, any garage that maintained or worked on the car, the Botts Dots people, and any other possible source of bucks will be included.

I'll look up the case later today and see if I can find the summons, which will detail all current defendants, including the obligatory "John Doe 1-100."

.....and the fact those Factory engineers came to the accident scene said a lot...... part "accident" investigation, part preparing their defense.

Damage control. Ordinary in a case like this. They knew what was coming.

[Captainofiron]

that is terrible

might as well go rob a bank then sue the police for arresting you

[63gpman]

These are interesting to look through.
http://www.lawfirms.com/frivolous-lawsuits

[Nomadac]

In a lawsuit that claims "defective design, materials, etc." the burden of proof is on the plaintiff to prove with the "greatest correspondence of evidence" that the part was defective. If the wife believes he was only driving 55 MPH she is beyond naive.

I would bet on Porsche's Factory Engineers in this trial.

[Bob Dillon]

Originally Posted by Nomadac

In a lawsuit that claims "defective design, materials, etc." the burden of proof is on the plaintiff to prove with the "greatest correspondence of evidence" that the part was defective. If the wife believes he was only driving 55 MPH she is beyond naive.

The civil standard in California is "by a preponderance of the evidence," widely explained as 51% or more.

I would bet on Porsche's Factory Engineers in this trial.

There's not going to be a trial. It'll settle after the depositions and motions are completed.

Might go so far as jury selection and letting both sides do their juror investigations, but it'll settle. 3-4 years.

BTW, I checked into getting the actual docs and L.A. County Superior Court charges to access them. Screw that, some news agency will get 'em and publish them.

[FirebirdHank]

No matter how sutpid the act, there is always a lawyer willing to take the case.

[NeighborsComplaint]

Originally Posted by FirebirdHank

No matter how sutpid the act, there is always a lawyer willing to take the case.

Sadly this is the case.

Porsche ads will soon feature a discleiner "Always wear your seat belt and a fire suit. Try to avoid running into trees at excessive speeds as bad things may happen."

[wrongway]

So would it be wrong to sue the drivers estate for the wrongful death of Paul Walker under the premise that "the enjoyment of watching any further movies that would have been made by Paul Walker has been taken away"? I think the right lawyer would pick it up & run with it.

Really, I wouldn't do this, but some nutcase fan might!

[The Boss]

Originally Posted by wrongway

So would it be wrong to sue the drivers estate for the wrongful death of Paul Walker under the premise that "the enjoyment of watching any further movies that would have been made by Paul Walker has been taken away"? I think the right lawyer would pick it up & run with it.

Really, I wouldn't do this, but some nutcase fan might!

Move for class action status!

[1966goat]

I think the only defect part of the car was between the steering wheel and driver's seat.

[Garry Sr]

I say we sue walkers family for instilling the fear of Porsche in us.

[Bob Dillon]

Originally Posted by wrongway

So would it be wrong to sue the drivers estate for the wrongful death of Paul Walker under the premise that "the enjoyment of watching any further movies that would have been made by Paul Walker has been taken away"? I think the right lawyer would pick it up & run with it.

Really, I wouldn't do this, but some nutcase fan might!

No. A plaintiff must have "standing," a legal concept, to file suit.

A fan would not have "Standing" and the action would be quickly dismissed.