When Paul Walker and his friend Roger Rodas were killed in a car crash last November, fans and family members were shocked and saddened. This year, the widow of Rodas filed a lawsuit against Porsche, the maker of the car Rodas was driving at the time of the crash, claiming negligence and poor design. Berkowitz and Hanna LLC has learned that four of the five grounds for the lawsuit were dismissed, but that the judge gave the plaintiff the opportunity to amend the case.
U.S. District Judge Philip Gutierrez ruled that the complaint did not include enough specifics. He granted a partial dismissal with leave to amend. According to CNN, the only allegation that was not dismissed was a type of product liability claim called “strict liability” regarding the lack of a crash cage and racing fuel cell for the high-performance car.
The court documents filed by Kristine Rodas describe the 2005 Porsche Carrera GT that her husband was driving as a an “ultra-high-performance-super-sports car for the road,” that goes from zero to 60 mph in 3.5 seconds and has a top speed of 205 miles per hour. The complaint argues that such a high-powered sports car should have a higher standard of crash protection, and that a mechanical malfunction forced Rodas to veer off the road.
As litigators of wrongful death, product liability and negligence cases, along with many auto accident lawsuits, Berkowitz and Hanna LLC knows that a partial dismissal with leave to amend is in no way ends this case. More updates on the Paul Walker and Roger Rodas case will appear here as the case moves forward.
Note: Berkowitz and Hanna LLC did not represent any of the parties in this case.
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