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Author: Scarinci Hollenbeck, LLC
Date: May 21, 2014
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201-896-4100 info@sh-law.comHowever, he wasn’t the only person to pass away in the accident. The driver of the vehicle – Roger W. Rodas – was also killed, and his widow is filing a wrongful death lawsuit against Porsche, according to Time.
The lawsuit filed by Kristine M. Rodas claims her husband was driving 55 mph, which investigators determined isn’t an unsafe speed, before he crashed. It also said the vehicle lacked the proper crash cage and safety features in the gas tank that could have saved both lives.
“The Carrera GT was unsafe for its intended use by reason of defects in its manufacture, design, testing, component and constituents, so that it would not safely serve its purpose,” the lawsuit states.
There is no guarantee that Rodas will be successful in her lawsuit, as there are multiple elements that need to be proven to receive a favorable decision in a wrongful death case.To file a lawsuit, you need to be an immediate family member, which is the case as she is the driver’s wife.
To recoup damages, the death must have been caused by the defendant. This means Rodas needs to prove that Porsche was the direct cause of her husband’s death. The death also needs to be a result of Porsche’s negligence. Additionally, the victim’s death must affect Rodas or other surviving family members who will receive compensation in a settlement. Monetary damages must also be incurred.
If the above elements can be proven in court, Rodas could be able to win the lawsuit.
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