"Steve in Manhattan" (blogenfreude01)
09/29/2015 at 09:03 • Filed to: None
2
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"Steve in Manhattan" (blogenfreude01)
09/29/2015 at 09:03 • Filed to: None | 2
| 16 |
!!! UNKNOWN CONTENT TYPE !!!
pip bip - choose Corrour
> Steve in Manhattan
09/29/2015 at 09:07 |
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of course!
go after someone who builds a product that is compliant.
she should be going after the driver’s estate.
Sam
> Steve in Manhattan
09/29/2015 at 09:09 |
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“Oh I was speeding, Officer? Send the ticket to BMW please, as it wasn’t my fault. It was the car.”
jariten1781
> Steve in Manhattan
09/29/2015 at 09:20 |
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I’ve heard (never verified) that some high dollar, boutique Life Insurance policies will not pay out the full value if they determine the death was caused by negligence. They require you to go after the negligent parties then pay the difference (or you can accept a lower pay out and avoid the battle).
If that's true, and I wouldn't be shocked, I'd also not be surprised if they go after the estate of the driver in addition.
Jayhawk Jake
> pip bip - choose Corrour
09/29/2015 at 09:23 |
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Or, ya know, not sue anyone?
FazeRacer
> pip bip - choose Corrour
09/29/2015 at 09:25 |
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That car is very dangerous. Professional drivers struggle with it. That being said, it’s not like there were driving at 40 mph and it suddenly flew off the road, they were going faster than the driver’s skill could handle. The car is just too powerful for most people.
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Steve in Manhattan
> pip bip - choose Corrour
09/29/2015 at 09:27 |
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Sure - if the manufacturer permits a defective car to injure or kill people, that’s one thing. This car was a known danger, and the driver was an expert. I don’t think this lawsuit will go anywhere.
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pip bip - choose Corrour
> FazeRacer
09/29/2015 at 09:34 |
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IIRC the driver was speeding too.
hence she needs to go after the driver’s estate not Porsche.
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pip bip - choose Corrour
> Jayhawk Jake
09/29/2015 at 09:35 |
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ssssh! don’t let the lawyers hear you say that
;)
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Steve in Manhattan
> jariten1781
09/29/2015 at 09:45 |
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That seeks likely.
DrScientist
> jariten1781
09/29/2015 at 09:59 |
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the driver’s auto insurance should also have some provision here, right?
davedave1111
> jariten1781
09/29/2015 at 10:02 |
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Normally in a situation like you describe the insurance company is on the hook if you don’t get paid by the negligent party, so they’ll take care of suing them for you/in partnership with you.
BigBlock440
> Steve in Manhattan
09/29/2015 at 10:19 |
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A family was awarded $150,000,000 because they were rear-ended in a Jeep, it’s possible it will go somewhere.
Sir_Stig: and toxic masculinity ruins the party again.
> Steve in Manhattan
09/29/2015 at 10:57 |
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The way I read it they have pretty carefully worded things in a way that show there may have been engineering flaws that would have been dangerous at any speed, and I think that’s what they are going for. I can see their point, if what they say is true then maybe porsche shouldn’t pay them money, but should have to retrofit existing Carrera GT’s with engineered solutions.
RallyWrench
> Steve in Manhattan
09/29/2015 at 13:14 |
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When I was in high school, a girl in my class hit a tree on the outside of a corner in her early 70’s 914 while digging for a CD, badly injuring her and severely paralyzing her passenger. The families sued Porsche. in 1997. They also sued the city for the location of the tree, which by then was a fully grown Monterey pine. America.
Paul’s death is terrible, but the fault lies with the late Mr. Rodas and he alone, so Walker’s estate should be going after that of Rodas, if anything.
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Steve in Manhattan
> RallyWrench
09/29/2015 at 13:20 |
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I agree - proving product defect here is difficult. Everyone involved knew the car was a handful, and Rodas drove it like a knucklehead anyway.
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Steve in Manhattan
> pip bip - choose Corrour
09/29/2015 at 13:27 |
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I’d have to see the suit, but normally a plaintiff’s attorney (I was one) puts every possible defendent in, and then a defendant, here Porsche, would make a motion to dismiss them from the suit. Here, with Porsche as the only defendant, if they win the motion to dismiss, the suit is over - most jurisdictions don’t allow you to sue defendants one-by-one on the same cause of action.