Meadow, the 16-year-old daughter of Paul Walker, brought the case against the company in September, and now Porsche is saying Walker was responsible for his own death, PEOPLE can confirm.
In documents obtained by PEOPLE, the car company “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.”
“Mr. Walker’s voluntary assumption of the risk 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.”
In short, it claims Walker knew the potential dangers involved in driving or riding in the vehicle.
Despite referring to the actor as “a knowledgeable and sophisticated user of the 2005 Carrera GT,” Porsche also points out that the car “was misused and improperly maintained, and that the misuse and improper maintenance proximately caused or contributed to the incident and to Mr. Walker’s death.”
Meadow’s lawsuit claims that it was actually a lack of proper stability control and a “defective” seatbelt that contributed to her father’s death.
In the initial lawsuit she alleges that despite Porsche “knowing that the Carrera GT had a history of instability and control issues,” the company “failed to install its electronic stability control system, specifically designed to protect against the swerving actions inherent in hyper-sensitive vehicle of this type.”
The lawsuit adds that if the seatbelt were not flawed, Walker may have been able to exit the vehicle before it caught fire – which was allegedly caused by faulty “rubber fuel lines.”
The Fast and Furious actor died in the collision in November of 2013 after his friend, Roger Rodas – who was driving – lost control of the vehicle resulting in the accident that killed both. Police deemed the cause of the accident speeding, saying that the driver was going between 80 and 93 MPH at the time of the incident.
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