Has the whole world gone crazy?

Discussion in 'Off-Topic Discussions' started by Randell1234, Oct 1, 2015.

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  1. Randell1234

    Randell1234 Moderator

    Has the whole world gone crazy?

    In 1980, Cynthia Files borrowed her husband’s Porsche 930 Turbo. Driving home after work, with her boss Donald Fresh in the passenger seat, she hit the gas at a stoplight—perhaps to showcase the machine’s notorious power. The speed limit was 25 mph on this particular street in La Jolla, Calif., but within seconds, Files was approaching 60 mph.

    Caught off guard by how violently the turbos kicked in, Files panicked and touched the brakes, just as she was entering a bend. The heavy tail of the rear-engined 930, a car known for its unruly behavior, swung around like a pendulum, sending her and her boss into oncoming traffic. Files, who had been drinking, survived mostly unharmed. Fresh, however, did not.

    This, according to Craig McClellan, a personal injury lawyer out of San Diego, was the case that birthed a successful career representing individuals against automakers. McClellan and his clients, Fresh’s widow and two children, sued Porsche for wrongful death, contending the car was inherently dangerous for the average, untrained driver. Despite Files driving intoxicated and recklessly, McClellan won the case, with the jury ordering Porsche to pay $2.5 million in damages. The verdict was later appealed, but once again upheld. And despite Files’ wrongdoings, and the fact Fresh’s family sued her too, the jury decided she was not to blame.

    https://www.yahoo.com/autos/history-says-meadow-walker-may-have-a-case-184732966.html
     
  2. Johann

    Johann Well-Known Member

    Maybe, Randell. Perhaps I've gone crazy with it. I'm not sure.... But a huge, successful enterprise like Porsche is a lawsuit magnet - and sometimes, juries and courts can't be predicted.

    I believe Porsche is currently being sued by Meadow Walker, daughter of the late actor Paul Walker. Details here:

    Paul Walker's Daughter Sues Porsche -- He was Burned Alive in Faulty Car | TMZ.com

    J
     
    Last edited by a moderator: Oct 1, 2015
  3. Maniac Craniac

    Maniac Craniac Moderator Staff Member

    No. The jury decided that Porsche was liable for their role in the accident. Even if the jury believed that Cythia Files was 99% at fault, Porche would still have to take responsibility for the 1% that was theirs.
     
  4. Bruce

    Bruce Moderator

    Are you sure the lawyer's name was McClellan?

    [​IMG]
     
  5. Johann

    Johann Well-Known Member

    Just a second here, Maniac. :smile:

    It appears to me that the jury did not believe Cynthia Files was responsible - for 99% or even 1% of the accident. ALL the damages were assessed against Porsche - the whole $2.5 million. NONE against Files.

    I still say, given the phrase "despite Files driving intoxicated and recklessly" it seems a pretty strange outcome - at least to this layman.

    J
     
    Last edited by a moderator: Oct 3, 2015
  6. Randell1234

    Randell1234 Moderator

    So 1% of Porches liability was $2.5M? So the entire suit was worth $250,000,000?
     
  7. Maniac Craniac

    Maniac Craniac Moderator Staff Member

    That's because the Porsche was the defendant.

    Maybe now is a good time to say the unsaid, that none of us here are actually discussing the facts of the case since none of us (I assume) are interested in reading the actual court documents. We're simply going by what is presented to us in the article, according to the slant that its writer imagined would get it the most reads, or at least, hits.

    If we were there on the jury, what would we have heard that was not in the article? What documents would we have been shown? What diagrams? What graphs? What expert testimony?

    Assuming that everything we're not seeing proves that there was an actual design flaw, then Porsche is responsible for the role that they played in the accident. The finding was that the vehicle was dangerous for the average, competent, non-inebriated driver. If this danger exacerbated the results of the already tragic situation, they are responsible for the exacerbation.

    Of course, they are not responsible for Cynthia Fields drinking and driving, nor making bad decisions on the road. They are responsible for the difference between what would have happened if the design flaw in question did not exist (say, she gets into a low speed accident, ruins the car and the victim suffers multiple injuries) and what actually happened (tragic, untimely death).

    Again, this is based on the assumption that these facts were proven by the preponderance (not the absolute certainty) of the evidence.

    If you're joking, then LOL :) If you're not, then maybe I should emphasize the

    "Even if"

    part. :banana:
     
  8. Randell1234

    Randell1234 Moderator

    I just think people have lost a sense of personal responsibility. Why don't they sue the liquor company too because tequila makes me crazy and vodka does not. There must be a design flaw in tequila.
     
  9. Maniac Craniac

    Maniac Craniac Moderator Staff Member

    People have gone crazy and this case might be a good example of it, I'm just not so sure it's as simple as the article makes it appear.

    On the flip side of the personal responsibility coin, there is a huge incentive for large corporations to use such narratives as propaganda for tort reform initiatives. Ever heard of the woman who sued McDonald's because she spilled hot coffee on herself? What kind of a moron doesn't know that coffee is hot! LOL! What an unbearably litigious society we have!

    No, wait... have you seen the pictures of her injuries? The scars look absolutely horrible. She almost died from her injuries and was debilitated for the rest of her life. Now we start to get a different picture of the events. McDonald's used to store their coffee at scaldingly hot temperatures and absolutely refused to make any changes despite years of complaints and injuries of varying severity. McDonald's offered a pittance to the woman for her troubles and refused to accept responsibility for the fact that they were knowingly handing off to people a deceptively dangerous product.

    So, yes. Coffee is hot. Don't drink and drive. Also, don't make products that hurt people.
     
  10. Randell1234

    Randell1234 Moderator

    Can't every product hurt [stupid] people when used carelessly?
     
  11. Maniac Craniac

    Maniac Craniac Moderator Staff Member

    ..........
    Yep.
     

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