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    Ben's case is over

    Here is the link to an article. I post this because it has become public.

    http://www.sportscarmarket.com/content/carrera

    Re: Ben's case is over

    "...settled for a reported total of approximately $4.5 million. The contributions to the settlement were about 49% from the estate of the driver,..."

    I'm so pissed off right now I'm beyond words, and as a moderator I should set example and better keep what I think about this to myself because its not pretty.

    Re: Ben's case is over

    Only in America!

    Not only did Ben's family suffer his loss, but ended up paying 49% of the $4.5 million settlement - ouch!

    Let this be a lesson to many who take along friends on fast drives. Once an accident occurs, friendship gets put aside, especially from the family's perspective.

    Re: Ben's case is over

    Porsche is being blamed for lack of PSM but not for defect on the car...

    Re: Ben's case is over

    Quote:
    Carlos from Spain said:
    "...settled for a reported total of approximately $4.5 million. The contributions to the settlement were about 49% from the estate of the driver,..."

    I'm so pissed off right now I'm beyond words, and as a moderator I should set example and better keep what I think about this to myself because its not pretty.



    Carlos, don't be mad. It was all covered by the automobile insurance policy. Ben's wife and estate did not have to pay one nickel. I made sure of that.

    Scifrog I wouldn't be too sure of that.

    Re: Ben's case is over

    A sad outcome for Ben's family, apart from the financial aspect they are forced on with the proportionate influence on the incident.

    I am not familiar with the US law system in detail, just remember some exaggerated law suits in the past. Are they indeed charged with the mentioned amount or does it end up on a more civilised scale.

    Re: Ben's case is over

    Quote:
    nberry said:
    Quote:
    Carlos from Spain said:
    "...settled for a reported total of approximately $4.5 million. The contributions to the settlement were about 49% from the estate of the driver,..."

    I'm so pissed off right now I'm beyond words, and as a moderator I should set example and better keep what I think about this to myself because its not pretty.



    Carlos, don't be mad. It was all covered by the automobile insurance policy. Ben's wife and estate did not have to pay one nickel. I made sure of that.




    Respect, Nick!

    Re: Ben's case is over

    Read the linked article carefully. The accident seems to be the result of a series of poor choices made by many parties. The result being that insurance companies paid for it all after some "persuasion."

    Everyone hates attorneys until they really need one!

    Re: Ben's case is over

    Which in turn ends up increasing the premiums that Ben's family will have to pay for their car insurance. I just think that it's sick that Tracy Rudi even thought of a suing everyone. Couldn't she have very well just left things be in peace instead?

    Re: Ben's case is over

    Quote:
    Carlos from Spain said:
    "...settled for a reported total of approximately $4.5 million. The contributions to the settlement were about 49% from the estate of the driver,..."

    I'm so pissed off right now I'm beyond words, and as a moderator I should set example and better keep what I think about this to myself because its not pretty.



    My opinion: Tracy Rudl and McClellan can burn in hell. Especially reading the final paragraph:
    Tracy Rudl also believes that the lawsuit will benefit others. "My loving husband was an innocent passenger in an expensive sports car that inexplicably failed to incorporate a modern, life-saving safety feature. He was a passenger on a racetrack that was dangerously designed. While driving on racetracks always involves risks, the result of this case and the redesign of the track will help eliminate unnecessary risks and make the sport of high speed driving safer."

    The guy owned a Murcielago and even managed to overheat it that day. Innocent? Yes. However, portraying Porsche and Ben as villanous is subhuman.

    Regarding the handling issues that Ben supposedly ignored, I remember reading the forum exchanges and the error was apparently fixed some time before the crash. When suddenly turning hard at 130 mph, the car doesn't have to have a design fault to lose it .

    Re: Ben's case is over

    Quote:
    atomic80 said:
    Which in turn ends up increasing the premiums that Ben's family will have to pay for their car insurance. I just think that it's sick that Tracy Rudi even thought of a suing everyone. Couldn't she have very well just left things be in peace instead?



    Gold-diggers just care about money.

    Re: Ben's case is over

    Andrej,

    I agree with you.

    BUT, did you heard about recent death of Macedonian Pop star Tose Proeski here in Craotia? His driver hit the truck at autobahn at high speed and Tose died while driver survived but, with serious injuries. Tose's family was thinking about suing VW(it was latest version of Touareg) but, after Croatian Police investigation it become clear that:
    -Tose's driver was driving over 190km/h
    -none of the people in the car wear seatbelts(!!!)
    -driver apparently felt asleap and hit the truck from behinde unable to avoid it in the last moment
    -driver did not brake(!)

    Case closed...

    Re: Ben's case is over

    I'm just beyond pissed at how this case turned out too. She may or may not have been able to set an example for others to follow but I certainly don't agree with the outcome of the verdict.

    Re: Ben's case is over

    Quote:
    KresoF1 said:
    Andrej,

    I agree with you.

    BUT, did you heard about recent death of Macedonian Pop star Tose Proeski here in Craotia? His driver hit the truck at autobahn at high speed and Tose died while driver survived but, with serious injuries. Tose's family was thinking about suing VW(it was latest version of Touareg) but, after Croatian Police investigation it become clear that:
    -Tose's driver was driving over 190km/h
    -none of the people in the car wear seatbelts(!!!)
    -driver apparently felt asleap and hit the truck from behinde unable to avoid it in the last moment
    -driver did not brake(!)

    Case closed...



    Yes, I know about the crash. In my opinion, you relinquish all legal rights once you fail to put on a seatbelt. That's how Diana, Dodi and Henri died as well.

    Btw, Kreso, none of the airbags supposedly went off in the Touareg. Was that because no seatbelts were worn?

    Re: Ben's case is over

    Quote:
    nberry said:Carlos, don't be mad. It was all covered by the automobile insurance policy. Ben's wife and estate did not have to pay one nickel. I made sure of that.



    Very glad to hear that!
    Hope Ben's widow can now find some closure to all this desgusting legal scavenging she had to endure on top of her tragic loss.

    Re: Ben's case is over

    "When a 'race car for the streets' is sold to anyone with enough money, regardless of his ability to drive it, and it doesn't even incorporate modern electronic safety devices that correct driver errors, then maybe the manufacturer should accept some responsibility for the foreseeable deaths that will result."

    --> When reading crap like this, I strongly feel cases that are argumented with such ridiculous arguments should be dismissed whatsoever... Time people start taking responsablility for their actions

    Re: Ben's case is over

    Nick, thanks for the update and hats off to you for standing with the Keatons during these ruff times. I have a question though. Had this unfortunate accident occurred on a public road do you think the court would still find Porsche negligent in making "an unsafe car" for the road? If so, wouldn't that open up the gates to a flood of lawsuits of past and maybe future CGT accidents in the states?

    Also, didn't the Keatons sue the speedway, Ferrari club or Porsche as well?

    Re: Ben's case is over

    How much different, if any, would the outcome have been if this had occured on a public highway? In either case is not the operator of the vehicle ultimately responsible his actions?

    Re: Ben's case is over

    Quote:
    ha said:
    Nick, thanks for the update and hats off to you for standing with the Keatons during these ruff times. I have a question though. Had this unfortunate accident occurred on a public road do you think the court would still find Porsche negligent in making "an unsafe car" for the road? If so, wouldn't that open up the gates to a flood of lawsuits of past and maybe future CGT accidents in the states?

    Also, didn't the Keatons sue the speedway, Ferrari club or Porsche as well?



    Hisham, the court did not find any party responsible. It was a settlement. Often defendants pay to avoid going before a jury and getting hit with higher damages. Porsche was wise to pay a relatively small amount.

    In my opinion, had this happened on a public street, the case against Porsche would have been stronger.The track occurrence really put the Plaintiff's case in a weaker position.

    FWIW, and since you own a CGT, the experts that stripped the car while I was present were absolutely amazed by its construction and how it was set up for serious speed. Clearly they were impressed.

    Ben's wife decided she did not want to sue anyone.

    Re: Ben's case is over

    you americans are crazy , sueing over anything you can . sadly australia is following the same path . no winners here . if my car doesn't start tomorrow due to cold weather , and i run late for work , and get fired , i'll sue god for poor weather . where will it end ?

    Re: Ben's case is over

    Common knowledge that one assumes many physical/financial risks when driving any car on any private/public road if collision occurs...

    In US, highly predictable that the most affluent guy involved in any collision (no matter fault/setting) is a likely litigation target....(and I suspect any affluent guy in London/Germany will likely face some litigation/liability risk in any collision as well)....

    Most smart affluent guys prepare for these risks well before any event occurs....choosing their cars/driving styles/passengers accordingly....have high-powered liability insurance; have assets placed in various legal structures to manage liability risks; and know how to best obtain (and interpret) smart legal advice vs one's own risk/reward preferences/decisions....

    Those who don't figure out how to manage the risks/rewards of driving face the consequences (or their survivors will face the litigation onslaught)....many opportunistic attorneys earn a rather comfortable living targeting deep-pocketed guys....Darwinian selection often prevails.....

    Re: Ben's case is over

    Quote:
    nberry said:
    Scifrog I wouldn't be too sure of that.



    Well there is a mention Ben's car was oversteering, but nowhere it says all CGT are oversteering...

    Re: Ben's case is over

    In my opinion, 90% of the blame falls with the track for placing that ridiculous concrete barrier perpendicular to the track. All the other causes are unfortunate, but the barrier seems most severe and obvious...

    Re: Ben's case is over

    Quote:
    Grant said:
    In my opinion, 90% of the blame falls with the track for placing that ridiculous concrete barrier perpendicular to the track. All the other causes are unfortunate, but the barrier seems most severe and obvious...



    I totally agree. Wonder if a stack of rubbers in such close proximity to the track may be better choice.

    Re: Ben's case is over

    Quote:
    nberry said:
    Scifrog I wouldn't be too sure of that.



    Nick: Did they claim that the CGT had a design defect (other than the lack of PSM)? Surely this is a matter of pulic record that you can comment on since it would be in the complaint (which I imagine is not sealed).

    Re: Ben's case is over

    Quote:
    nberry said:
    Quote:
    Carlos from Spain said:
    "...settled for a reported total of approximately $4.5 million. The contributions to the settlement were about 49% from the estate of the driver,..."

    I'm so pissed off right now I'm beyond words, and as a moderator I should set example and better keep what I think about this to myself because its not pretty.



    Carlos, don't be mad. It was all covered by the automobile insurance policy. Ben's wife and estate did not have to pay one nickel. I made sure of that.

    Scifrog I wouldn't be too sure of that.



    Hats off to you Nick

    Re: Ben's case is over

    Crash, Carlos, Atomic and Scud.
    I'm absolutely with you guys here. This is sickening.
    Here in Denmark we have a IMO ridiculous System, where people dont have to assume responsability for very many things - they are in many regards seen by the sSystem as poor buggers who cant take care of themselves, hence "the System will". This goes for unemployment, healthcare, insurance etc.
    In other words you are -in some areas- covered and "taken care of" by the System/State to a sickening degree.
    This case proves that the US system is even worse.
    Cory Rudl did absolutely not opt to die that day, but as a sportscar enthusiast and Lambo owner himself he KNEW the risks involved in driving fast, and if he had even the slightest interest in the CGT he would know about the lack off PSM.
    Furthermore, I cannot imagine Ben not mentioning the car's tailhappines when they sat in the car. It would be only natural.
    It is complete BS when any sane car enthusiast enters a CGT - especially on a track where speeds for natural reasons tend to exceed normal street limits - and claims "I didnt think there was any potential danger here".

    I have many times said "no thanks" to a co-pilot drive in a potent sportscar. I have probably missed out on quite a few fun drives, but if I dont know the driver well, I wont risk it.
    Cory had the same option. Naturally he didnt want to die, and didnt think he would - however, he had the choice of saying "no thanks". He knew he was entering a CGT - not a Toyota Prius.

    Being called "an internet marketing guru", I am sure that Cory Rudl left quite a bit of money for his dear, loving wife - in which case her lawsuit is the more pathetic and sickening.
    Sounds like she is into the worst of American sports: Gold digging.
    Her husband wont come back, none of the people involved - including Porsche - had any intent to kill or harm anyone, and sometimes you simply are the victim of a series of unfortunate events.
    So what is the point- other than making $$$$ on her husband's death?
    Had she gone actively into racetrack safety, starting a safety forum/foundation or similar, I could have respected that she wanted the track, F-driver etc to pay a fine and/or donate $ to this foundation.
    But this is not about her making sure that others will be safe in the same circumstances in the future.
    This is about her making a ton of money. Pure and simple.

    Re: Ben's case is over

    Has the purpose of this fine been mentioned? Should it be used for charitable donations, this legal attempt would at least stand in a different light.

    I do believe that it is hard for some people to justify the loss of a valued person, each one behaves different. I believe, that in this situation not everybody appears in the most reasonable manner.

    Re: Ben's case is over

    Our legal system s not perfect but it works just fine. If it was your loved one, I am not sure how you would react. I would wager if you were living in the US you would take advantage of our crazy legal system.

    U-Boat they did allege design defects but as you well know there is a vast difference between allegations and facts.

    Re: Ben's case is over

    Quote:
    Dr. Phil said:
    Being called "an internet marketing guru", I am sure that Cory Rudl left quite a bit of money for his dear, loving wife - in which case her lawsuit is the more pathetic and sickening.
    But this is not about her making sure that others will be safe in the same circumstances in the future.
    This is about her making a ton of money. Pure and simple.



    You are assuming a lot there doc. An "an internet marketing guru" could also mean a BS artist living on credit and in debt. I have no idea what her financial situation is. If she is well off then perhaps I could see your point more.

    However, there is blame here, like mentioned above, I believe the track was totally negligent for the location and angle of that wall. The flag waiver made a mistake, but, if the track had proper run-off, sand traps, and walls designed by people with just a little brain matter no one would have died that day.

     
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