Paul Walker: Late Actor's Daughter Files Lawsuit Against Porsche for Wrongful Death - Page 2 - 986 Forum - The Community for Porsche Boxster & Cayman Owners

10/10ths · 09-29-2015, 04:27 PM

How is this still a thing?

People killed themselves running to Marathon, Greece.

People killed themselves riding horses. Ask the Reeve family.

People killed themselves driving Muscle Cars in the 60's.

People killed themselves driving Mustang GTs in the 80's.

People die every day.

If you drive a super car and lose control and hit a tree sideways at 100mph and die, well, that's life.

Fire is hot, water is wet, we're all gonna die some day. If you can't handle lift throttle oversteer, you might die a little sooner than most.

We've become a nation of wussies.

schnellman · 09-29-2015, 04:47 PM

She should be filing a suit against her father's estate for being a dumb ass.

Perfectlap · 10-02-2015, 07:41 AM

Quote:

Originally Posted by 10/10ths

We've become a nation of wussies.

I agree! But the car you're driving today is infinitely safer than those old muscle cars because of the threat of litigation and the bad publicity's effect on sales. The for-profit news media only report about accidents when someone marches into to court, especially when the deceased is a movie star. When it's Joe Shmoe or Plain Jane killed on their way to work because the spring in the ignition was the equivalent of a cheap ball point pen, the media pays it no mind and people keep buying the still unsafe cars. But when someone sues, and the incompetent gubbimint wakes from their slumber it opens a giant can of worms of outright criminal behavior.

Jamesp · 09-29-2015, 05:30 PM

All cars should be slow.

All knives should be dull.

Matches and lighters should not light.

Wrap everything in bubble wrap so no one gets hurt.

Where is the line? When are we responsible for our own actions?

DarkStar · 10-02-2015, 09:25 AM

Not gonna quote you Perfectlap. But your off by a margin. Any vehicle is safe for road use. Depending on the user. The car wasn't safe for any one lacking experience ... well he had experience. And he chose to break the law. Can't blame this and that. Porsche, Audi, VW, Honda, Dodge, Ferrari, Lamborghini, etc... does not condone the actions of what we do behind the wheel. We are all expected to drive with respect, no matter if it's a Porsche GT, F1, or a Honda Civic. We are EXPECTED to act professional where it counts... everywhere! They did not.

The one thing about actual Race Cars...a real race car could have handled the wreck better. Is built to withstand vicious impacts. Now saying this is a race car that has been de....whatever... and that's the reason for death... is wrong. Because why were they speeding. The car didn't force them to speed. A gun didn't appear and threaten their lives if they didn't obey... we all know how guns kill people... and spoons make people fat. This is not the case. They were disobeying traffic laws. They got in an accident...just like any of US could do. And unfortunately paid the ultimate costs. Paul Walker neither the driver were just some random newb. They knew what they were doing and the consequences

DarkStar · 10-02-2015, 09:28 AM

Perfectlap · 10-02-2015, 10:47 AM

The quote here is that speed killed him. But according to the M.E. it was getting roasted alive, and not the speed of the impact.

Also, let's remember that Walker was the passenger, legally he wasn't the one who put the pedal to the metal. So it's quiet a different case from the case filed by the family of the driver. It wasn't Walker's fault that he was laying flat atop of the heap of the burning Porsche rubble trapped by his seat belt.

Quote:

Originally Posted by DarkStar

papasmurf · 10-02-2015, 11:56 AM

have had some sort of stability system installed and that the lack thereof is a major contributing factor to the crash, those same people would complain when a stability system is installed and the manufacturer gives the end user the ability to switch it on/off. ex: (Crash happened because manufactuer made the stability system able to be turned on /off...instead of blaming the driver.) That is it in a nutshell...the driver (and passenger) though deceased take no responsibility for their actions and their families by perpetuating these lawsuits continue that legacy.

DarkStar · 10-02-2015, 09:37 PM

Speed and loss of control due to the speed caused the wreck. Not saying it wouldn't happen driving 40mph on city streets. But less likely regardless.

Quote:

Originally Posted by Perfectlap

The quote here is that speed killed him. But according to the M.E. it was getting roasted alive, and not the speed of the impact.

Also, let's remember that Walker was the passenger, legally he wasn't the one who put the pedal to the metal. So it's quiet a different case from the case filed by the family of the driver. It wasn't Walker's fault that he was laying flat atop of the heap of the burning Porsche rubble trapped by his seat belt.

Perfectlap · 10-03-2015, 08:07 PM

Quote:

Originally Posted by DarkStar

Speed and loss of control due to the speed caused the wreck. Not saying it wouldn't happen driving 40mph on city streets. But less likely regardless.

Actually those are the same thing. And as I said before, Walker's case is quiet different than Rodas'. He is not responsible for the decision making of Rodas. Neither do Rodas' decisions/errors absolve Porsche in a wrongful death case based on design defect, which is essentially the case that Walker's daughter has brought.
The jury will likely have to weigh the comparative negligence of RODAS as well as that of Porsche, in determining to what extent Porsche's decision making in the seatbelt design, fuel lines and stability control were a factor in Walker's death. People think that Walker was completely liable for all his injuries simply because he got in the car, but the law doesn't work that way. If he were the driver there was a time where "contributory negligence" might have negated all his daughter's claims but those days are past and again, he was the passenger and not the driver. When another passenger, Corey Rudl, died in this car the case settled for $4 million, with the widow also receiving damages from the driver's estate. But Walker's daughter is not obligated to bring suit against Rodas.

Perfectlap · 10-02-2015, 10:37 AM

Quote:

Originally Posted by DarkStar

Now saying this is a race car that has been de....whatever... and that's the reason for death... is wrong. Because why were they speeding.

Why were they speeding? Because this is America where ignoring the speed limit is the norm not the exception. It's not Europe where they actually enforce the speed limit with video cameras and where there's no negotiating the ticket. You lose your license. Drivers in America don't have those expectations put on them. In fact, it's not even zero tolerance if you habitually violate the speed limit, you get multiple opportunities to continue driving even after being caught.
And let's not play make believe here and suggest that any damage done to a car above the speed limit automatically absolves a car company of having actively contributed to a fatal accident vs. a survivable accident. If you regularly drive 70 mph when the highway speed limit is 55, why should the car company build a car that won't collapse like a sardine once you take it above 55? By your logic you have no business going over the speed limit in the first place. Yet who in America would buy a car that is only sound up to the speed limit?

And for the record, I wouldn't rule out dismissing this case on certain grounds if I were the judge. But my point is that it would be foolish for Porsche to fight given how many poor decisions they made on safety, both for the occupants' safety as well as that of the public.

Burg Boxster · 10-02-2015, 10:45 AM

Quote:

Originally Posted by DarkStar

Not gonna quote you Perfectlap. But your off by a margin....

You told PL he's wrong... uh oh, now you've done it

cfos · 10-02-2015, 01:05 PM

I'm torn on this issue. Granted, part of me likes mouthing off on the internet about things I may or may not know a single thing about. On the other hand, sometimes I read things where people are just spouting off whatever comes to them without either the appropriate education or real-life experience. Then again, some people say that they have "related" experience that may/may not be related, but regardless of the context, said experience directly relates and appears to apply to any/all other situations however loosely connected. I guess I don't know what to think... but, I am amused. And that's the point, right? To be amused?

Anyway, for anyone that hasn't already blocked me, know this: I'm not a pilot, but I was good at Zaxxon. I mean, really good. I think I'm going to start talking and posting about flying and space travel should the forum become interested enough to post about it...

Also, I don't think I've ever casted a spell or used the force, but I have experience playing with Star War figures and the "original" D&D, so I think that provides me the context. Granted this may have been in the late 1970s or early 1980s or so, but I did play with the original ones manufactured by Kenner and Gary Gygax (the paperback editions, prior to the hardback Player's Handbook). Not any of the "replica" ones - so, hopefully I will only post with fellow forum members that are Star War purists who agree that the Replica Star War figures, or those with bendable joints, are crap because they aren't "original". These things generalize right? Gah.... I can't f'ing wait for the next post about the dangers of spell casting or going to the Dark Side. Bring it on!

Burg Boxster · 10-02-2015, 01:39 PM

@cfos

LOL

DarkStar · 10-02-2015, 09:41 PM

And yes... this is merica. But the law is placed for a reason. I break it all the time. But see we all do it with understanding of the consequences. This was an unfortunate consequence.

Giller · 10-03-2015, 02:17 AM

Curious....who amongst us are actual lawyers with actual experience with this and actually have a legal clue what they are talking about?

CHRISP357 · 10-03-2015, 05:04 AM

Quote:

Originally Posted by Giller

Curious....who amongst us are actual lawyers with actual experience with this and actually have a legal clue what they are talking about?

It doesn't matter if we're lawyers or not. People like us will be the jury.

Timco · 10-03-2015, 05:26 AM

Quote:

Originally Posted by CHRISP357

It doesn't matter if we're lawyers or not. People like us will be the jury.

Wanna bet there's not one Porsche owner on that jury?

Giller · 10-03-2015, 05:53 PM

Quote:

Originally Posted by CHRISP357

It doesn't matter if we're lawyers or not. People like us will be the jury.

Absolutely it matters. Do you really think all the jury will here is what is portrayed by Batman and Robin there? Cause that's basically all we are doing. Love to get some actual legal perspectives....any past precedents....that sort of thing.

Perfectlap · 10-03-2015, 08:22 PM

Quote:

Originally Posted by CHRISP357

It doesn't matter if we're lawyers or not. People like us will be the jury.

Which is why so many civil cases where a plaintiff demands a jury trial end up settling. If the case survives summary judgment/motion to dismiss with the big claims intact...all bets are off as juries are a total crapshoot. With a big jury award in hand the plaintiffs have even more leverage in negotiating a settlement. A defendant has to be supremely confident of victory to roll the dice. If people were getting killed in Porsches regularly then it might make financial sense to fight Walker's daughter but that's just not the case today.