Paul Walker’s daughter has filed a wrongful death lawsuit against Porsche, claiming the sports car he was riding in had multiple design flaws. The suit, filed Monday on behalf of 16-year-old Meadow Rain Walker, seeks unspecified damages for defects it alleges contributed to her father’s death. Calvin Kim with Porsche Cars North America said the automaker hasn’t seen the lawsuit and wouldn’t comment on specifics.
The actor was best known for his role as Brian O’Conner in the “Fast & Furious” franchise. His life was cut short in a car crash in Southern California on November 30, 2013, during a few days off in the filming of the seventh movie in the popular series. He was 40. The lawsuit alleges “the vehicle lacked safety features that are found on well-designed racing cars or even Porsche’s least expensive road cars — features that could have prevented the accident or, at a minimum, allowed Paul Walker to survive the crash.” The court document contends the 2005 Carrera GT should have come with an electronic stability control system to protect against swerving. The car also lacked adequate side door reinforcement bars and had defective rubber fuel lines, according to the lawsuit. An investigation by the Los Angeles County Sheriff’s Department said it was speed that killed the “Fast & Furious” star.
“Investigators determined the cause of the fatal solo-vehicle collision was unsafe speed for the roadway conditions,” Los Angeles County Sheriff’s Commander Mike Parker said in March 2014. The high-performance 2005 Porsche Carrera GT was going “between 80 and 93 mph at the time the car impacted a power pole and several trees,” the report said. The posted speed limit on the Santa Clarita, California, office park road was 45 mph. The sheriff’s conclusion was no surprise, since the coroner’s report previously estimated the car was speeding at 100 mph. A source familiar with the Walker family’s lawsuit, however, say that investigators who analyzed surveillance video think the car was actually going slower. The suit, in fact, claims the vehicle was traveling “at approximately 63 to 71 mph when it suddenly went out of control.”
The family’s investigators think the car was going between 40 and 60 mph at the point of impact, according to the source. Last year’s sheriff’s investigation came to some additional conclusions.
Walker and friend Roger Rodas, 38, had no drugs or alcohol in their blood. Both men were wearing seat belts. The airbags deployed as they should have when the car clipped a light pole and several trees, investigators said. Nothing mechanical went wrong to cause the Porsche to leave the wide road. Investigators found “no pre-existing conditions that would have caused this collision,” the report said. Experts from Porsche and Michelin were consulted. Walker suffered fractures of his left jawbone, collarbone, pelvis, ribs and spine, the report said. Rodas “rapidly died of severe blunt head, neck and chest trauma,” the report said.
Legal Analysis: Product liability cases are the most complex cases for litigation. In this case, the family is claiming that there were design defects which led to the crash and death. In order to prove a case, the plaintiffs must hire experts to test the vehicle and parts then be able to explain to a jury how the defects caused the death.
Many automobile manufacturers have been sued in product liability cases. Many different cases range from exploding gas tanks to defective tires. Oftentimes these cases turn into class action suits because they will impact a significant number of people, if it is a true product defect.
If you or anyone you know was seriously injured or killed any type of accident give Guster Law Firm a call 205-581-9777 or email Eric Guster at Eric@gusterlawfirm.com.
About the Author: Eric Guster is known nationwide as an attorney and legal analyst. Guster appears weekly on Fox News, CNN and MSNBC providing legal insight into the nation’s most interesting and complex cases. His law firm, Guster Law Firm, is based in Birmingham, AL. If you are in need of legal assistance, call Eric Guster at Guster Law Firm today at 205-581-9777 or email Eric@gusterlawfirm.com
For the original story visit: http://www.cnn.com/2015/09/29/entertainment/paul-walker-lawsuit/index.html