Walker's Daughter to Continue Her Lawsuit Against Porsche

 

Meadow Walker, the daughter of the late actor Paul Walker, is moving forward with her lawsuit against Porsche, despite the car manufacturer's victory in court on Monday in a related case.

"The issues in the cases are very different," Walker's attorney, Jeff Milam, said in a statement obtained by ABC News. "Meadow's father, Paul Walker, was a passenger in the car. He survived the crash but was trapped and burned to death because of the vehicle’s defects."

On Monday, U.S. District Judge Philip S. Gutierrez ruled in a separate case brought by Kristine Rodas, the widow of Roger Rodas, 38, that there was not enough evidence to show that the Porsche Carrera GT, which Roger Rodas was driving at the time of the crash, lacked basic safety features that could have saved Rodas' life.

The "Fast and Furious" star was in the passenger seat of the car when it crashed into a tree and burst into flames at his charity event in Santa Clarita, California, on Nov. 30, 2013, according to police. Both men were pronounced dead at the scene, authorities said.

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Meadow Walker's attorney said Monday's ruling has "no effect" on her pending lawsuit in Los Angeles Superior Court against Porsche AG, Porsche Cars North America and Beverly Hills Porsche.

"A significant portion of the judge's decision was based on the rejection of evidence because of missed deadlines and also a failure to sue Porsche AG, the manufacturer," Milam said in his statement. "Meadow will continue to fight to hold Porsche accountable for selling a defective product that kills," Milam said.

In the lawsuit, obtained by ABC News, the paperwork cites the car's 605 horsepower engine and top speed of 205 mph, coupled with the car's lack of "safety features that are found on well-designed racing cars or even Porsche's least expensive road cars," noting that those features "could have prevented that accident or, at a minimum, allowed Walker to survive the crash."

The suit also alleges that the car company didn't install an "electronic stability control system, which is specifically designed to protect against the swerving actions inherent in hyper-sensitive vehicles of this type."

Walker was trapped due to the seat belt design, the suit also alleges, claiming he was alive for a full minute and 20 seconds after the crash, until the car "erupted into flames."

"Absent these defects in the Porsche Carrera GT, Paul Walker would be alive today," the suit alleges.

People magazine reported that in court documents filed in November, Porsche alleges that "Mr. Walker knowingly and voluntarily assumed all risk, perils and danger in respect to the use of the subject 2005 Carrera GT, that the perils, risk and dangers were open and obvious and known to him, and that he chose to conduct himself in a manner as to expose himself to such perils, dangers and risks, thus assuming all the risks involved in using the vehicle."

The company says that his knowledge of the risks should "bar the plaintiff's recovery or, in the alternative, should reduce the plaintiff's right to recovery from PCNA in an amount equivalent to Mr. Walker's fault,” People reported, noting that Porsche also asserts that the car "was misused and improperly maintained" and that this contributed to the incident.

A representative for Porsche Cars North America told ABC News today that as a matter of policy, the company "does not, and will not, comment on litigation, pending or otherwise."

Rodas' attorney, Mark Geragos, said Tuesday that his client will be appealing the judge's ruling. Rodas' children have also brought a wrongful death lawsuit against Porsche.