Paul Walker: Late Actor's Daughter Files Lawsuit Against Porsche for Wrongful Death

[pony13ca]

I wonder where this will end up?

Daughter of actor Paul Walker files wrongful-death suit against Porsche - LA Times

[CHRISP357]

Rotten little brat.

[cas951]

Porsche will likely end up settling outside of court. Even if Porsche wins it just cost too much money to fight this legal battle.

[Retroman1969]

Another treasure hunter.
If I'm carelessly running along and slip on a banana peel, I'm not going to sue Dole for my broken leg. I'm not even going to sue the guy that dropped it there, even though I'd have more of a chance at a legitimate case.

[Perfectlap]

I think Porsche knew the legal liabilities they were walking into when they decided to sell a racing car as a road car without the requisite driver's aids. In fact, they took on these potential liabilities deliberately simply because they feared losing sales otherwise (as per the testimony of Porsche in the previous Carrera GT fatal accident case). Similarly, the owners knew the risks they were taking buying such a car. But when you're running a business you have to make decisions that increase sales without associating your brand with tragedy or fraud (cough VW).

[CHRISP357]

Originally Posted by Perfectlap

I think Porsche knew the legal liabilities they were walking into when they decided to sell a racing car as a road car without the requisite driver's aids. In fact, they took on these potential liabilities deliberately simply because they feared losing sales otherwise (as per the testimony of Porsche in the previous Carrera GT fatal accident case). Similarly, the owners knew the risks they were taking buying such a car. But when you're running a business you have to make decisions that increase sales without associating your brand with tragedy or fraud (cough VW).

Yes, that darn Porsche! How dare they sell us what we want and demand, instead of protecting us from ourselves?

[Perfectlap]

Originally Posted by CHRISP357

Yes, that darn Porsche! How dare they sell us what we want and demand, instead of protecting us from ourselves?

I think you're missing my point. It's not an issue of protecting us from ourselves.
It's simply a reminder that if a company chooses to sell a full blown racing car for road car use (by amateurs), then a business executive must be fully prepared for the fatality that will occur (not if). And since these are public roads then you must also take into account that someone with more wallet than driving skill may end up killing the mom in a Honda on her way to work. These are all huge risks that you take with your brand when you make a decision like that. A decision that was made even after Walter Rohrl said the car made his very experienced hands turn white (aka a red flag). It's like the guy who announces to everyone that he's decided to roll the dice and decides to stop paying for home insurance because it will be more profitable for him in the short term. The next week a tree crashes into his bedroom while he's asleep. Don't act so surprised when it predictably goes the other way.

[DarkStar]

But the GT is sold to the General Public... And its not a full blown race car. the 919 is a full blown race car. Its just like any other Ferrari or Lamborghini Sold to the rest of the public. In fact, you'll never see a stock GT in a legit race against actual race cars. And Paul Walker knew what he was doing, he was a car enthusiast. He had a car collection. He liked speed. And the results would have happened either way. The wreck was done at around 100mph... I've done 140 Easilly in my Boxster, Its not a Race Car. I've done 167MPH in my Old Mitsubishi. Its not a race car. Toyota Supra's are well known for cruising speeds of 200mph, They aren't Race Cars.

Originally Posted by Perfectlap

I think you're missing my point. It's not an issue of protecting us from ourselves.
It's simply a reminder that if a company chooses to sell a full blown racing car for road car use (by amateurs), then a business executive must be fully prepared for the fatality that will occur (not if). And since these are public roads then you must also take into account that someone with more wallet than driving skill may end up killing the mom in a Honda on her way to work. These are all huge risks that you take with your brand when you make a decision like that. A decision that was made even after Walter Rohrl said the car made his very experienced hands turn white (aka a red flag). It's like the guy who announces to everyone that he's decided to roll the dice and decides to stop paying for home insurance. The next week a tree crashes into his bedroom while he's asleep. Don't act so surprised when it predictably goes the other way.

[DarkStar]

Poor Paul Walker. He has given soo much to the community, Not in his films but what he does in his spare time. Charity work all over the world. Now to have his own flesh and blood go money hungry. 1, Paul Walker was no noob to the car scene. Despite his character on the F&F Movies, he was a legit automotive enthusiast with a decent car collection of his own. Buyer Beware! Purchase of this vehicle will cause stupid ideas! Everyone knows that. And it could have, would have happened with any other vehicle given the right circumstances.

Honestly I would be ashamed if my Daughter did such a thing.

[epapp]

Why would this ever hold up? They were speeding. Following speed limits, the crash 99.9% would not have happened.

It will be easy for Porsche to say 'reckless driving' and win, right?? CGTs driven in accordance to road laws will not cause the seat belt to trap its occupant, and so on..

[CHRISP357]

Pretty sure most of us hit triple digits fairly regularly in our Porsches. Only takes a few seconds from 50. Is that Porsches fault too? Maybe they should be computer limited to 65mph.

[Perfectlap]

Originally Posted by epapp

Why would this ever hold up? They were speeding. Following speed limits, the crash 99.9% would not have happened.

It will be easy for Porsche to say 'reckless driving' and win, right?? CGTs driven in accordance to road laws will not cause the seat belt to trap its occupant, and so on..

Because it's a jury... they do unpredictable things. Like for instance they could say that had Porsche not deliberately removed the driver's assists this reckless driving accident might have been survivable. They could rule that Porsche's decision contributed to this being a fatal accident rather than one where a pricey toy gets totaled. Juries do crazy things, hence why manufacturers don't make these kind of decisions. Tellingly, Porsche haven't done this again, which will be an very interesting question as to why not for a very seasoned trial lawyer to ask Porsche in front of said jury.

[Perfectlap]

From new2bxstr's Jalopnik

"It also installed the model’s seat belts in such a way that when the car fractured on impact, the shoulder belt anchor was yanked along with the rear engine compartment while the seat belt anchor stayed put.

This snapped Walker’s torso back with thousands of pounds of force, thereby breaking his ribs and pelvis, flattening his seat and trapping him in a supine position, where he remained alive until the vehicle erupted into flames one minute and 20 seconds later. Paul Walker breathed soot into his trachea while the Porsche Carrera GT burned.”

^Porsche will settle this case if they're smart. Those sort of claims can only hurt the brand.



P.S.

I saw this quote from Graham Rahal current Indy race car driver:


"It's a race car for the street. Simple as that. It asks for and needs respect at all time. It's not a car for people who don't have experience driving high end vehicles or race cars really for that matter."

[thstone]

Porsche won't settle the case.

Porsche must maintain the precedent that the driver, not the car, is responsible for its safe operation. Otherwise, they would open the company up to billions of dollars of lawsuits.

As for hurting the brand - more often the car becomes more famous and iconic. Where would the 550 Spyder be without James Dean?

[DarkStar]

Originally Posted by thstone

Where would the 550 Spyder be without James Dean?

I'm supprised Porsche hasn't been sued for all the deaths that single 550 Spyder has caused... lol Reading up on that cars history, even after the wreck, it has managed to injure and kill people.

[rexcramer]

Porsche has to start with the court first and see what the claims are. Then decide what the potential $$ exposure is. My guess is they will settle, without admitting fault, gag order in place and make this go away quietly. Remember OJ won the criminal case and then lost the civil case for big $$$.

Lawyers, I think civil plaintiffs only have to prove 51% responsibility to make their case for damages? I am not a lawyer or do I play one on TV, internet or community theater.

[CHRISP357]

Originally Posted by rexcramer

Porsche has to start with the court first and see what the claims are. Then decide what the potential $$ exposure is. My guess is they will settle, without admitting fault, gag order in place and make this go away quietly. Remember OJ won the criminal case and then lost the civil case for big $$$.

Lawyers, I think civil plaintiffs only have to prove 51% responsibility to make their case for damages? I am not a lawyer or do I play one on TV, internet or community theater.

I believe the drivers wife tried to sue Porsche and a judge threw it out but said a suit could be filed against Porsche for the design. But they didn't offer to settle.
It looks like the little spoiled twits attorney watched and waited and then went to work on her frivolous lawsuit. I really hope they fight it.

[tomonomics]

I'm curious if there have ever been any lawsuits resulting from accidents with the second (third?) Gen Dodge Vipers, which were produced around the same time as the Carrera GT. If I recall those things have 500+ horsepower and were notorious for spinning/flipping/etc in the hands of the wrong drivers, of which I imagine there were many (many Vipers produced, and many in the wrong hands).

I may be wrong, but I didn't think those had any stability features either, but have almost as much uncontrolled power in a similar open cockpit as the CGT.

Just wondering, and too lazy to Google it.

[DarkStar]

Originally Posted by Perfectlap

"It's a race car for the street. Simple as that. It asks for and needs respect at all time. It's not a car for people who don't have experience driving high end vehicles or race cars really for that matter."

Roger Rodas (born October 31, 1975 in El Salvador) was a race car driver and co-founder of Always Evolving, an auto parts business, from El Salvador. He started Always Evolving with actor Paul Walker.

Actually from everything you can google on Roger Rodas.... He's no Noob Either. His Wife also filed Suit against Porsche for the same reasons. There was a ruling in the case in February in which the judge dismissed some of the plaintiff’s claims but said Porsche must face claims over whether the car was defectively designed and made. Porsche's attorneys in their response on Monday laid the blame on Rodas.

"Roger Rodas’s death, and all other injuries or damages claimed, were the result of Roger Rodas’s own comparative fault," the attorneys said.

Rodas "chose to conduct himself in a manner so as to expose himself and others to such perils, dangers and risks," they added.

The automaker's attorneys denied there were defects in the car, and said they believed the vehicle was "abused and altered" after being purchased in a way the company could not have foreseen and that could have been a factor in the accident.

In her lawsuit seeking unspecified damages, Rodas's widow alleged a suspension failure occurred on the car. Authorities ruled the crash was caused by excessive speed and not a mechanical failure.

[Perfectlap]

Originally Posted by DarkStar

Roger Rodas (born October 31, 1975 in El Salvador) was a race car driver and co-founder of Always Evolving, an auto parts business, from El Salvador. He started Always Evolving with actor Paul Walker.

Actually from everything you can google on Roger Rodas.... He's no Noob Either..

I don't think that helps Porsche's case one bit. Graham Rahal was saying you must be a highly skilled to drive the car safely. Meaning the car was inherently unsafe for a road car that can be sold to any Tom, Dick or Harry. A very good trial lawyer will present that statement from Rahal to a jury and ask them why Porsche would deliberately remove driver's assists, then follow up with Porsche's own test driver Walter Rohrl, a world class racing champion, who made a public statement that the car made his face turn white and that he urged Porsche to put in the driver's assists since it was car that would be driven on public roads and presumably where it would rain at one point another. Yet Porsche refused for the sake of selling more cars. If Rodas had switched off the driver's assists the case would be garbage. Unfortunately for Porsche, they decided to think in black and white and treat as a binary issue, all or nothing on driver's assists.

But the really, really big issue for Porsche is those seat belts.... and the decision to bolt them to the car in the way they did... on a car without the test driver-recommended driver's assists. The trial lawyer will have a very strong case that the accident itself was survivable since soot was found in his breathing passages but the unsafe seat belt design (easily proven) left him paralyzed from the accident, so he was effectively burned alive. Do you REALLY want to go a jury with that? In a very public trial where video cameras will most likely be allowed in court room since it's state court? That would be insanely foolish. Porsche already looks bad because many people, including former employees say the car is still unsafe for public streets. I heard one former sales manager say (on video) he would absolutely not ride as a passenger in the car when it was being sold on the floor. Another witness for the plaintiffs.


They'll also question the lack of roll cage (handy for safely anchoring seat belts) so common in their own RS cars over the years.


Secondly, and also directly tied to Walker being burned alive, the dubious choice of fuel lines that could not withstand a public street accident, when safe options were available to Porsche highly effective in keeping customers from becoming human flambe. The trial lawyer will have a whole day just on that particular part selection. It's like shooting fish in a barrel for a high-powered trial lawyer. And I have a pretty good idea which one is being contacted now to do the oral argument. He has probably close to a billion dollars in jury awards, plenty of dough to spend on very respected experts in the fields of auto racing and sports car safety to eviscerate Porsche's decision making, some of which has been contradicted by their own employees in past cases, so this trial lawyer will make them look either dishonest or incompetent, both bad in front of civil juries.

Said jury will likely take into account that driver error, or even recklessness made the accident possible in the first place. And you could well argue that Porsche need to make the case that one takes their own life in their hand when they drive over 55 mph but making that particular case, no matter how important, is virtually impossible without shining a light on the decision making that made this car more dangerous which will cause many prospective buyers to question what ill-advised decisions they're still making. For example... the center wheel locks on the Carrera GT, still sold on cars today that have had dubious on-track incidents featured on YouTube. It boggles the mind why they would take this kind of gamble in their biggest sales market. As far as the case itself, there is a very strong possibility that the jury could completely ignore the driver error issue simply because they're angry at Porsche's decisions on driver's assists, seat belts, fuel lines, etc., and chose to punish the company.