Porsche Responds to Paul Walker Wrongful Death Lawsuit, Argues Actor "Assumed All Risk" With Vehicle

Paul Walker's daughter alleged that the Porsche Carrera GT "lacked safety features'' at the time of the crash

By Mike Vulpo Nov 17, 2015 12:01 AMTags
Paul Walker, Fast and Furious 7Universal

Porsche has filed a response to Meadow Walker's wrongful death lawsuit.

Less than two months after Paul Walker's daughter alleged that the Porsche Carrera GT lacked safety features that could have prevented the accident, the car company is defending themselves against several accusations.

In court documents obtained by E! News, Porsche alleges that Paul "knowingly and voluntarily assumed all risk, perils and danger in respect to the use of the subject 2005 Carrera GT." The company goes on to state that the "risk and dangers were open and obvious and known to him and that he chose to conduct himself in a manner so as to expose himself to such perils, dangers and risks, thus assuming all the risks involved in using the vehicle."

Porsche also believes that Meadow is barred from receiving any compensation because Paul "was a knowledgeable and sophisticated user of the car."

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In response to Porsche's filing, Meadow's attorney Jeff Milam continued to argue that Paul was not at fault for the incident. 

"It is beyond regrettable that Porsche is trying to deflect its own responsibility by blaming the victim—Paul Walker—for his own death by getting into the passenger seat of its Carrera G.T." the statement read. "Contrary to Porsche's assertions, the facts are clear: Paul was the passenger in a car that was not designed to protect its occupants in a crash on a dry, empty straightaway in broad daylight and at speeds well below the vehicle's advertised capabilities."

The statement concluded, "If Porsche had designed the car to include proper safety features, Paul would have survived, he would be filming Fast and Furious 8, and Meadow Walker would have the father she adored." 

E! News has reached out to Porsche for additional comment. 

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Back in September, Meadow and her lawyers filed a lawsuit alleging that Porsche knew that the specific car in Paul's case "had a history of instability and control issues."

The company also allegedly "failed to install its electronic stability control system, which is specifically designed to protect against the swerving actions inherent in hyper-sensitive vehicles of this type." 

"The bottom line is that the Porsche Carrera GT is a dangerous car," Meadow's lawyer Jeff Milam said in a statement to E! News. "It doesn't belong on the street. And we shouldn't be without Paul Walker or his friend, Roger Rodas."

In comparison, Porsche alleges in court documents that Paul's car in the accident "was abused and altered" in a matter that was "not reasonably foreseeable to the company." Ultimately, "that abuse and alteration proximately caused or contributed to the incident." 

Back in March 2014, law enforcement ruled that the cause of the crash was speeding at rates between 80 and 93 MPH. The speed limit for the street where the accident took place was 45 MPH.

"Investigators determined the cause of the fatal solo-vehicle collision was unsafe speed for the roadway conditions," Commander Mike Parker explained.

There was also evidence that both Paul and driver Roger Rodas wore seatbelts and that the airbags deployed for both the driver and the passenger.

The Fast and the Furious star and his longtime friend passed away on Nov. 30, 2013 shortly after the actor's charity event in Valencia, Calif.

—Reporting by Baker Machado and Holly Passalaqua

Watch: E! Remembers Paul Walker on His Birthday