Suit filed in death of 'Fast and Furious' actor Paul Walker

[webfact]

Suit filed in death of 'Fast and Furious' actor Paul Walker

WASHINGTON - The widow of the man who was driving a sports car when it crashed, killing him and "Fast and Furious" star Paul Walker last year, is suing Porsche.

The suit filed Monday alleges the 2005 Porsche Carrera GT the two men were in did not have a proper crash cage or safety features in the gas tank. The suit said these would have saved both men.

Walker had completed much of his part in filming "Fast and Furious 7" before he died in November aged 40, in a high-speed car crash in California.

The suit was filed by Kristine Rodas, wife of the late driver Roger Rodas, in the Los Angeles County Superior Court.

A failure in the car’s suspension system forced it to swerve out of control and hit trees while driving in Santa Clarita, California, according to the suit filed by Rodas.

"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," states the lawsuit.

It seeks unspecified damages from Porsche Cars North America.

In January, coroners said the car carrying Walker and his friend was doing over 100 miles (160 kilometers) per hour.

After Walker’s death, studio giant Universal suspended filming, before delaying the release date for the film, originally scheduled for this summer.

The film is now due to be released on April 10, 2015 in the United States.

The first "Fast and Furious" movie appeared in 2001. The series, with its focus on fast cars, tough guys, sexy starlets and exotic locales, is one of Hollywood’s most successful global franchises.
AFP


-- The Nation 2014-05-13

[lee b]

160 Kph, come on, what cars are made to with stand crashes at that speed.Its not Formula 1. ! This is the reason for speed limits !!

[fritzzz25]

It is USA. You can sue someone else for your own negligence.... Likely exceeding the area speed limit by double the posted speed, so of course it is Porsche's fault......

[mrtoad]

People just don't wNt to accept responsibility.

[Carmine6]

9 or 10 year old car, driven over 100 mph on a street. I know the wife would like to believe it wasn't her husband's fault, but the reality is it was his fault.

[Chicog]

People just don't wNt to accept responsibility.

No, People just want money.

[siampolee]

And one ask just how many people did the deceased influence to drive way beyond their and their vehicles capabilities thus resulting in mishaps, injury and death to themselves and others?

Beware my dear you might just find yourself being sued fro damages as the recipient of the estate of the deceased.

Indeed that would be poetical legal justice.

[tomyumchai]

i might try sueing kawasaki next as my bike wont go around 50mph corners @100mph......

[silent]

9 or 10 year old car, driven over 100 mph on a street. I know the wife would like to believe it wasn't her husband's fault, but the reality is it was his fault.

Ultimately it'll get down to where the faulty rubber in the ball joint was grown, and we all know who the finger points to after that. .

[GeorgeO]

People just don't wNt to accept responsibility.

No, People just want money.

...absolutely spot on, and given that it's in the US, the settlement amount will be mind-boggling...!! I don't see Porsche wanting to take this through the legal system, including the daily updates on all of the TV channels.

[neverdie]

silly is as silly does.

[rodroy]

Just another fishing expedition looking for a payday!

Imagine the repercussions if this case set a legal precedent.

Cost of cars would double to include insurance on such litigation!

It would apply worldwide for sure!

[dcsw53]

Typically American, let's find someone to sue.

Let's see what the official report comes out with, was it failure of the suspension system, or was it a driver ill-qualified ( maybe impaired ) to drive such a powerful car.

Every sports performnce car company in the world is wroking flat out to reduce the weight of cars, putting "cage" around the gas tank will never happen. Very unlikely as well that they will add 3 grams with a warning sign not to take corners in residential areas at 160km.

[DubaiIsCalling]

Kristine Rodas should better sue the townhall for making tarmack and concrete poles. Without those they wouldn't have driven that lovely Porsche in barrels. For racing a Porsche you need IQ, sense and driving skills. Sue the driving school!

[pacovl46]

Well, Porsche are aware of the fact that the GT is prone to lose traction at high speed on bumpy roads. They wanted to install their traction control system, but it couldn't cope with the vibrations. So they put it on sale without it, but they also released a statement and told every buyer to never drive this car without having participated in Porsche's driver training developed specifically by Porsche for this car. The problem with mid-engine cars is that they offer superior handling due to their superior weight distribution, but the limit area is much smaller. If the rear breaks out on a mid-engine car, it does so much faster and at a higher spin speed than RWD cars. Needless to say that the driver therefore needs a much faster reaction time to be able to catch the rear end and to get it back under control. It's a well known fact, especially in the race community, that the GT is a beast to handle and Rodas, or whatever his name was knew it, too! If he had stuck with the speed limit they would both be still alive, and I find it pathetic that this woman is now suing Porsche!

[ggt]

Excessive speed kills...toss lawsuit...IMO

[rotary]

A perfect example of whats wrong with America today......just sue someone.

[Fookhaht]

The epitome of gold digging.

[F430murci]

Well, Porsche are aware of the fact that the GT is prone to lose traction at high speed on bumpy roads. They wanted to install their traction control system, but it couldn't cope with the vibrations. So they put it on sale without it, but they also released a statement and told every buyer to never drive this car without having participated in Porsche's driver training developed specifically by Porsche for this car. The problem with mid-engine cars is that they offer superior handling due to their superior weight distribution, but the limit area is much smaller. If the rear breaks out on a mid-engine car, it does so much faster and at a higher spin speed than RWD cars. Needless to say that the driver therefore needs a much faster reaction time to be able to catch the rear end and to get it back under control. It's a well known fact, especially in the race community, that the GT is a beast to handle and Rodas, or whatever his name was knew it, too! If he had stuck with the speed limit they would both be still alive, and I find it pathetic that this woman is now suing Porsche!

The basis of the Rodas lawsuit is that experts have opined that the car was traveling at 55 mph at the time of the accident and that the cabin of the car had a design flaw based on alleged speed at impact and separation at firewall.

I owned a CGT and the 996GT2 from same timeframe, both of which came from the factory without traction control. This was not a design flaw or inability to implement as suggested.

The CGT, 996 GT2s and earlier GT and Turbo models all did not have traction control. These cars are all very well balanced and have wonderful neutral handling characteristics. Most will even drive with a hint of understeer at turn in.

CGT oversteer is a throttle oversteer issue, not a balance issue. I instructed for Skip Barber Racing, Panoz, Porsche Driving Experience at Barber Motorsports Park and was a nationally certified instructor for PCNA, BMWCCA, PBOC, Chin and Audi for DEs. I have also raced various Porsche GT3 Cup cars for many years.

We taught that optimal traction is achieved by a perfectly flat car which is caused by a balanced throttle. If the rear gets light, you add a bit of throttle. If front understeers, you can lift very slightly to get grip without altering line.

While the normal reaction is to let off the gas if one feels the tail breaking lose, lifting induces spin. One should increase throttle to shift weight back.

This theory holds true regardless as to whether mid engine or front engine. This is not a mid engine issue. I teach in a race prepped Lotus Elise with two front seats. It is mid engine, but understeers like crazy.

Earlier turbos were much more prone to throttle oversteer than the 2005 CGT. Individuals attempting to use the throttle on older single K27 turbos would initially experience lag trying to shift weight, the turbo would spool up and all of a sudden deliver way too much power to the rear wheels causing throttle over spin. Latter twin turbo models used smaller k20/k24 turbos that spooled quicker and were less likely to cause an abrupt power hit in the middle of a turn.

The CGT has a very responsive throttle different from the turbo lag issue. Power is so instant on that there is a very fine line of perfect throttle input for balance or throttle steering and too much power input inducing throttle over steer.

Any Porsche enthusiast, including myself for many years, hated traction control. Older traction control was too invasive, was unsettling and, I did not need it.

Technology in the last few years, however, has made traction control very subtle, more effective and less unsettling when it comes on at high speeds.

Unfortunately, the media picked up on Wlater Rohl's comment about traction control on the CGT and has run amok with it. Walter Rohl decided to do a hot lap around the Ring in wet conditions during testing even though PCA engineers tried to call the session off. Rohl came back in and said the car driven around the Ring in wet conditions was scarey and recommended a traction control setting for wet or rainiy conditions.

Rohl's comment was based in throttle response causing wheel spin in wet conditions on the most technical, dangerous race track in the world. Duh, no doubt a car like the CGT could get scarey on a wet Ring. People also do not buy a $438,000 super car to drive in rain so I agree traction control not a necessity on the car.

The CGT is a street legal race car. It is one of, if not, the purist. Track cars with much less capability are made with cages and safety fuel cells. That is not the purpos of a CGT and, as with any extremely high performance car or motorcycle, accidents happen with the best and most experienced drivers. Roger Rodas was one the best drivers in the world.

Rodas was a wealthy individual. Whether this suit is driven by grief or there is truly data supporting a much lower speed remains to be seen.

This case will not cause ripples through the industry in terms of cost. This case won't change anything on a macro level. Traction control has sufficiently advanced and is now common.

My good friend Ben Keaton was sued, as was Porsche, in a CGT accident on a race track that resulted in the death of his passenger. Porsche paid a very small portion of that settlement, like 8% of the total. The race track, Ferrari Club and Ben's estate paid 92% of the $4.2 million and Ben did nothing wrong.

Edited May 13, 2014 by F430murci

[Maggusoil]

People just don't wNt to accept responsibility.

No, People just want money.

...absolutely spot on, and given that it's in the US, the settlement amount will be mind-boggling...!! I don't see Porsche wanting to take this through the legal system, including the daily updates on all of the TV channels.

why not? They can probably afford it more than she can. . . and on face value, its a ridiculous claim. Published for this reason.

[CMCMANGOMAN]

I wonder what Paul's driving now?

[ClutchClark]

Typically American, let's find someone to sue.

Let's see what the official report comes out with, was it failure of the suspension system, or was it a driver ill-qualified ( maybe impaired ) to drive such a powerful car.

Every sports performnce car company in the world is wroking flat out to reduce the weight of cars, putting "cage" around the gas tank will never happen. Very unlikely as well that they will add 3 grams with a warning sign not to take corners in residential areas at 160km.

If a vehicle manufacturer wants to design and build a vehicle that will travel on public highways and be capable of speeds near 200mph then they have a responsibility to engineer safety systems that can respond and mitigate risk at those speeds.

Making a car light weight is a fine goal at the track, but it has no place on the roadways where safety and environmental concerns rightfully take priority.

Although its true that CA & NY have the highest rates of litigation in the US.

When you have a corporate, for profit, get away with whatever you can, mentality like the one that exists in the USA then lawsuits are the only mechanism to get them to act responsibly.

Just sayin'.

[GentlemanJim]

<

The basis of the Rodas lawsuit is that experts have opined that the car was traveling at 55 mph at the time of the accident and that the cabin of the car had a design flaw based on alleged speed at impact and separation at firewall.

I owned a CGT and the 996GT2 from same timeframe, both of which came from the factory without traction control. This was not a design flaw or inability to implement as suggested.

The CGT, 996 GT2s and earlier GT and Turbo models all did not have traction control. These cars are all very well balanced and have wonderful neutral handling characteristics. Most will even drive with a hint of understeer at turn in.

CGT oversteer is a throttle oversteer issue, not a balance issue. I instructed for Skip Barber Racing, Panoz, Porsche Driving Experience at Barber Motorsports Park and was a nationally certified instructor for PCNA, BMWCCA, PBOC, Chin and Audi for DEs. I have also raced various Porsche GT3 Cup cars for many years.

We taught that optimal traction is achieved by a perfectly flat car which is caused by a balanced throttle. If the rear gets light, you add a bit of throttle. If front understeers, you can lift very slightly to get grip without altering line.

While the normal reaction is to let off the gas if one feels the tail breaking lose, lifting induces spin. One should increase throttle to shift weight back.

This theory holds true regardless as to whether mid engine or front engine. This is not a mid engine issue. I teach in a race prepped Lotus Elise with two front seats. It is mid engine, but understeers like crazy.

Earlier turbos were much more prone to throttle oversteer than the 2005 CGT. Individuals attempting to use the throttle on older single K27 turbos would initially experience lag trying to shift weight, the turbo would spool up and all of a sudden deliver way too much power to the rear wheels causing throttle over spin. Latter twin turbo models used smaller k20/k24 turbos that spooled quicker and were less likely to cause an abrupt power hit in the middle of a turn.

The CGT has a very responsive throttle different from the turbo lag issue. Power is so instant on that there is a very fine line of perfect throttle input for balance or throttle steering and too much power input inducing throttle over steer.

Any Porsche enthusiast, including myself for many years, hated traction control. Older traction control was too invasive, was unsettling and, I did not need it.

Technology in the last few years, however, has made traction control very subtle, more effective and less unsettling when it comes on at high speeds.

Unfortunately, the media picked up on Wlater Rohl's comment about traction control on the CGT and has run amok with it. Walter Rohl decided to do a hot lap around the Ring in wet conditions during testing even though PCA engineers tried to call the session off. Rohl came back in and said the car driven around the Ring in wet conditions was scarey and recommended a traction control setting for wet or rainiy conditions.

Rohl's comment was based in throttle response causing wheel spin in wet conditions on the most technical, dangerous race track in the world. Duh, no doubt a car like the CGT could get scarey on a wet Ring. People also do not buy a $438,000 super car to drive in rain so I agree traction control not a necessity on the car.

The CGT is a street legal race car. It is one of, if not, the purist. Track cars with much less capability are made with cages and safety fuel cells. That is not the purpos of a CGT and, as with any extremely high performance car or motorcycle, accidents happen with the best and most experienced drivers. Roger Rodas was one the best drivers in the world.

Rodas was a wealthy individual. Whether this suit is driven by grief or there is truly data supporting a much lower speed remains to be seen.

This case will not cause ripples through the industry in terms of cost. This case won't change anything on a macro level. Traction control has sufficiently advanced and is now common.

My good friend Ben Keaton was sued, as was Porsche, in a CGT accident on a race track that resulted in the death of his passenger. Porsche paid a very small portion of that settlement, like 8% of the total. The race track, Ferrari Club and Ben's estate paid 92% of the $4.2 million and Ben did nothing wrong.

It sounds as if you should be engaged by Porsche USA as a subject matter expert. Thanks for the excellent post.

Edited May 14, 2014 by GentlemanJim

[kinmaew]

Everything is now a franchise, marketable and a business. What ever happened to aesthetic quality? Needless to say I don't watch any American "Blockbusters" anymore just tired of the whole thing and it's so boring. Prefer foreign language and Indie films and music.

[Yahooka]

Lets pray that this lawsuit fails !!

[F430murci]

This sheds more light on allegations. Knowing attorney involved and reputation of Porsche to fight like hielll, I would think or hope there is some basis for this allegation.

---------

According to the suit written by attorney Mark Geragos, the Porsche Carrera GT was only traveling at 55 mph when the crash occurred. The lawsuit contends the right rear tire experienced a suspension anomaly that caused the wheel to steer to the left. Even though Roger Rodas was an experienced race car driver, the lawsuit continued, he was unable to regain control from the Carrera GT's clockwise spin. The impact of the crash caused the fuel tank to rupture and spill fuel towards the engine compartment before igniting in a devastating fireball.

http://www.imotortimes.com/paul-walker-crash-lawsuit-porsche-carrera-gts-suspension-design-flaw-responsible-death-31028