'Fast And Furious' Death Case: Widow Of Paul Walker’s Driver Roger Rodas Faces Setback In Legal Battle With Porsche Over Fatal Crash -- But Case Continues To Trial
Sept. 22 2014, Published 9:43 p.m. ET
In a setback for the widow of Roger Rodas, who died with Paul Walker in a fiery car crash, a federal court judge has dismissed some claims against Porsche in her legal battle with the luxury car company, RadarOnline.com has learned exclusively. But the court held that some of her other claims are valid and will proceed to trial.
The Fast & The Furious star Walker, 40, and his friend Rodas, who was driving him in a Porsche, tragically died after their car crashed in Los Angeles on November 30.
Six months later, Kristine Rodas filed a negligence lawsuit against Porsche, claiming the German automaker was responsible for the death of her 37-year-old husband.
In court documents, the widow argued that the Porsche Carerra GT Walker and her husband were riding in had a faulty part in the suspension and also lacked a “crash cage to protect the driver” and “racing fuel cell to prevent a fire in the event of a crash.”
Kristine claimed those safety features are common in racecars, but Porsche demanded the lawsuit be dismissed, claiming she failed to state exactly which part of the suspension failed, how it (or what), caused the crash and if that part was original or a customized upgrade.
Porsche claimed Rodas' widow incorrectly called the Carrera GT a “racecar” and argued that “no ordinary customer would expect a passenger car” to have a crash cage and racing fuel cell.
On Sept. 17, the federal court judge presiding over the case in California dismissed some claims against Porsche, stating that Kristine failed to prove her case that the car company had lied to the public about the safety of the vehicle.
The judge also said the widow failed to plead her case that the Carrera GT should be equipped with “more extensive crash safety features than typical road cars because racecars operate at extremely high speeds and drivers routinely maneuver in risky ways, resulting in higher occurrences of both crashes generally and of severe crashes.”
The order notes, “The Carrera GT may have racecar-like capabilities, but it is a vehicle designed for typical road use, not high-risk racing, and the ordinary consumer recognizes that distinction between capability and intended use.”
But the judge also ruled that she had cognizable claims for design defects, relating to "the suspension component, the crash cage, and the fuel cell," and those causes of action for liability will proceed in litigation. Up next, attorneys for both sides will commence discovery related to the design defects and the issue will go before a jury.
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As RadarOnline.com has reported, Walker and Rodas were killed on Nov. 30, 2013, in Santa Clarita, Calif. after attending a charity event for their Reach Out Worldwide organization and taking the Porsche for a joyride that ultimately ended in a fatal fiery crash that shocked fans worldwide.
