Kristine Rodas is out of gas in her lawsuit against Porsche.
The widow of Roger Rodas, the driver in the November 2013 crash that took the life of both her husband and “Furious 7” star Paul Walker, has lost her wrongful death lawsuit against the automaker.
In her suit, Rodas contended that the crash occurred because of a failure in the 2005 Porsche Carrera GT’s suspension system and a lack of proper safety features.
In response to the lawsuit, Porsche claimed that Roger Rodas “knowingly and voluntarily assumed all risk, perils and danger in respect to the operation or use of the subject 2005 Carrera GT.”
The car company also claimed that the vehicle “was abused and altered after being placed into the stream of commerce in a manner that was not reasonable foreseeable” to Porsche. “That abuse and alteration reasonably caused or contributed to the alleged incident and to the injuries, loss and damage, if any.”
On Monday, U.S. District Judge Philip S. Gutierrez granted Porsche’s motion for summary judgment, shooting down Kristine Rodas’ claims. The judge maintained that she had not made a case that the absence of a “crash cage” in the car caused Roger Rodas’ injury or death. Likewise, the judge shot down her claim that Porsche was negligent in not including a fuel cell in the car, finding that her husband did not die from the fire that resulted from the crash.
“Defendant is now entitled to summary judgment on Plaintiff’s survival and wrongful death claims for the same reason it is entitled to summary judgment on Plaintiff’s product liability claims,” Gutierrez found. “Plaintiff has provided no competent evidence that Rodas’ death occurred as a result of any wrongdoing on the part of Defendant.”
Walker and Rodas died in a crash in Santa Clarita, Calif., on November 30, 2013. Walker had been attending a charity event for his organization Reach Out Worldwide. The posted speed limit in the area is 45 mph. However, according to the Los Angeles County Sheriff’s Department, which said that the crash was the result of “unsafe speed,” the car was traveling between 80 and 93 m.p.h. when it collided with a power pole and several trees.
Walker’s daughter Meadow has filed a similar lawsuit against Porsche.
Pamela Chelin contributed to this report.