Remember the carrera gt crash at cali speedway?

Sigh:

http://www.businessweek.com/au…4.htm
Carrera GT Crashes Into Court

Exploring the legal implications - and unfortunate consequences - of powerful cars in amateur hands

The wall had been placed closer to the track to enlarge the area behind it for use as a children’s play area

Last summer, a number of SCM readers were glued to the Internet, viewing the pictures and reading the extensive chatter about a horrific crash at the California Speedway.

Ben Keaton and his passenger, Corey Rudl, were both killed when Keaton’s Porsche Carrera GT crashed into a wall at an estimated speed of about 145 mph during a Ferrari Owners Club track day.

The crash photographs were sobering, and the Internet stories were engrossing. Added interest came from the fact that Keaton and Rudl, at 39 and 34 respectively, were both very successful young men. Rudl, in particular, was well known as an Internet marketing guru.

LAWSUIT FILED

Predictably, the lawsuit has been filed. Rudl’s wife Tracey filed suit against a long list of defendants, seeking an unspecified amount of damages for her husband’s wrongful death. She is represented by Craig McClellan, a very successful San Diego-area personal injury attorney who made a name for himself in the '80s when he represented a plaintiff who successfully sued Porsche on the theory that their 911 Turbo was too difficult a car to handle to be sold to inexperienced drivers.

“Legal Files” interviewed McClellan to learn more about the case. First off, Craig is no enemy of sports car manufacturers and aficionados. He is an ex-racer, having started in SCCA club racing in 1968 with an Elva Courier, then moving to an MG Midget, an Austin Healey 3000, and a number of other race cars. He has no beef with Porsche, and is a former owner himself. He also takes no credit for having caused Porsche to abandon the U.S. market with its 911 Turbo, as that happened about a year before he filed his lawsuit. However, he points out, “When they returned to the market with the 911 Turbo, they offered driver training to all their customers.”

THE REAL STORY

There were many versions of the story broadcast on the Internet, all at least partially true. According to McClellan, here’s what really happened. Keaton had told several people that he had been having handling problems with the Carrera GT. Apparently, it was tail-happy. He decided to take it to the Ferrari Owners Club track day and see if he could work things out. Rudl had taken his Lamborghini to the track day, but it suffered from overheating. He was telling friends that he should sell it and get something else. Keaton, who did not know Rudl, suggested a Carrera GT and offered to give him a ride and show him what the Porsche was like.

As the Porsche was completing a lap, the flagman sent a Ferrari onto the front straight. The driver hesitated, then started late and slow. The flagman saw the Porsche come onto the straight and tried to stop the Ferrari, but it was passing him by then, and neither the driver nor passenger noticed his waving arms or heard his shouts.

The Ferrari continued onto the straight at a relatively slow speed, just as the Carrera GT caught it. Keaton swerved to avoid contact, the Porsche’s rear came around, and it skidded into a concrete barrier wall. The wall had been placed closer to the track than its original position in order to enlarge the area behind it for use as a children’s play area during an earlier NASCAR race. The end result was the fatal crash.

THE CLAIMS

The lawsuit asserts a number of claims against several defendants. The more significant are:

• Keaton Estate - Failure to inform Rudl that he had been having handling problems with the Porsche, and that he had a recent incident where he lost control of the car.
• Racetrack owners and operators - Maintaining an unsafe racetrack as a result of inadequate maintenance, signage, and safety controls, and not moving back the concrete barriers after creating the children’s play area.
• Ferrari Owners Club and the flagman - Negligently operating the track day by sending the Ferrari onto the track at the wrong time, violating their own rules by allowing passengers in the cars, failing to disclose Keaton’s dangerous driving propensities, and allowing the track day to occur without moving the concrete barriers back to where they belonged.
• Ferrari driver - Not paying attention to the flagman, entering the track improperly, driving too slowly, and moving directly into the path of the Porsche.
• Porsche - Product liability for selling an unsafe car. This falls into three levels of defect.

  1. There was some mechanical problem with this particular car that made it handle badly.
  2. There are design defects with the Carrera GT that make it a poor-handling car, mainly tail-happy.
  3. Third: The Carrera GT is too difficult a car to handle at high speeds for the average driver without instruction.

WHAT ABOUT THE RELEASE?

“Legal Files” recently addressed the enforceability of releases given by track participants and concluded that they are generally enforceable if the injuries are sustained by hazards that are contemplated at the time the release is given. This case tests the effect of the release signed by Rudl in two ways. One is that it alleges that the track owner and operators managed it in an unsafe manner and contrary to established safety standards for racetracks. In other words, they didn’t have to make it as safe as the street, but they did have to make it safe as racetracks go. The other is that it alleges that numerous pertinent facts were concealed from Rudl, and he therefore did not give an informed consent.

CLAIMS ABOUT THE CAR

The claims about the Carrera GT itself are likely of most interest to us. Whether there was a mechanical issue with this particular car, or whether the Carrera GT design is inherently unstable, are matters that are best left to the engineers to debate.

But the claim that the Carrera GT is too hot to handle is something that all of us can think about. And this isn’t just Porsche’s problem. Clearly, the same claims can be made against other supercars, such as the Ford GT, the Enzo, and a host of others. A quick Internet search will locate sites whose function is to display photos of wrecked supercars, typified by http://www.wreckedexotics.com. It isn’t hard to conclude that many of these cars are sold to owners who have far more cash than driving skill. And it’s probably realistic to assume that these owners are not going to recognize their limitations and will succumb to the desire to drive these cars “the way they were meant to be driven,” sometimes with disastrous consequences for themselves and others.

Should the manufacturers be required to qualify owners before selling these cars to them? How are they supposed to determine qualifications? And should they automatically be held liable when they sell supercars to owners who can’t handle them?

McClellan says, “No, Porsche should only be liable because this car was defective.” But then he adds, “It is defective, however, if the risks of its design outweigh the benefits. If its power and handling characteristics make it too dangerous for the average driver without training or instruction, then it is defective. Porsche should be liable because it sold a defective vehicle to Ben Keaton.”

I certainly can’t profess to have the answers to all of these questions, but I think this case is going to answer some of them after it works its way through the legal system. We’ll keep you informed.

cliffs?

Just read it if you want to know, it would take anyone with a 3rd grade reading level a max of 5 min to finish.

cliffs: read the whole damn thing so that you know what kinda shit happens at 150mph

everyone and anyone i guess sue’s these days.

i guess some people dont understand what can happen in a fucking car when you go over 100mph…

and i cant believe she’s gonna try and sue porsche

i cant blame her for sueing the ferrari driver tho …

if your @ a track day where cars are doing 140mph laps, you get out on the track and you get that car up to 100+ ASAP… if your balls havent decended enough to handle your ferrari, GET THE FUCK OFF RACETRACK PROPERTY

its a simple concept that anyone who has driven on the highway should know, pulling out of the pits is no different of a concept then merging with highway trafic

man i hope she loses

everyone’s all about restricting and/or giving away their freedoms these days, anyways

:word:

I honestly would like to know what is the % of supercars that crash per number built vs. % of cheaper cars crashed (civic, focus, minivans) that crash per number built. Just because someone is too stupid to handle a super car doesnt make it the car manufactor’s fault. She has a right to sue everyone but porsche. If the driver was complaining that there was something wrong with the car and it was tail happy, then its his own fault to not only continue to drive the car, but to put it on the track. Also the passenger didnt have a gun to his head and forced into the car.

The law suit should just be against the track, and the Ferrari driver, they are the two idiots in this accident.

OMFG tell me is not real

• Keaton Estate - Failure to inform Rudl that he had been having handling problems with the Porsche, and that he had a recent incident where he lost control of the car.
Disagree, Rudl took that risk

• Racetrack owners and operators - Maintaining an unsafe racetrack as a result of inadequate maintenance, signage, and safety controls, and not moving back the concrete barriers after creating the children’s play area.

It is unclear where this barrier was placed. If it was safe enough for NASCAR’s official on the main track then I don’t think it should have been moved. If was something moved on a road course section then that is a different story.

• Ferrari Owners Club and the flagman - Negligently operating the track day by sending the Ferrari onto the track at the wrong time, violating their own rules by allowing passengers in the cars, failing to disclose Keaton’s dangerous driving propensities, and allowing the track day to occur without moving the concrete barriers back to where they belonged.
From the way it sounds the flagman sent the driver at the right time. Rudl took the risk of being a passenger. They don’t need to disclose anything, if Keaton was a danger then he should have been removed from the track, are had an instructor. Again how was the barrier configured?

• Ferrari driver - Not paying attention to the flagman, entering the track improperly, driving too slowly, and moving directly into the path of the Porsche.
Agree.

• Porsche - Product liability for selling an unsafe car. This falls into three levels of defect.

  1. There was some mechanical problem with this particular car that made it handle badly.
  2. There are design defects with the Carrera GT that make it a poor-handling car, mainly tail-happy.
  3. Third: The Carrera GT is too difficult a car to handle at high speeds for the average driver without instruction.

Mechanical-Did Keaton attempt to have it repaired?

Design-Disagree, unless it is so poorly design that is tail-happy when following posted speed limits on public road (which I highly doubt).

Instruction-Disagree, Porche does offer instruction. Should it be mandatory? No. But aren’t these cars about exclustivity. How exclusive can it get…“yeah, they wouldn’t even sell me the car unless I did a 3 day track program”.

begin rant\

• Keaton Estate - Failure to inform Rudl that he had been having handling problems with the Porsche, and that he had a recent incident where he lost control of the car.

that is copmplete bullshit. the passenger got into the car under his own risk. no1 was forcing him to get in that car. when you accept to be a passenger in any vehicle, you accept that you might be killed or hurt in the car. he made the choice to get in the car.

• Racetrack owners and operators - Maintaining an unsafe racetrack as a result of inadequate maintenance, signage, and safety controls, and not moving back the concrete barriers after creating the children’s play area.
• Ferrari Owners Club and the flagman - Negligently operating the track day by sending the Ferrari onto the track at the wrong time, violating their own rules by allowing passengers in the cars, failing to disclose Keaton’s dangerous driving propensities, and allowing the track day to occur without moving the concrete barriers back to where they belonged.
• Ferrari driver - Not paying attention to the flagman, entering the track improperly, driving too slowly, and moving directly into the path of the Porsche

this is all legit stuff. the only thing i can really KIND OF disagree with is the part about the concrete barrier being moved. i mean, if if was 10 or 15 feet further back, i dont think it would have made that much of a difference. the flagman is somewhat responsible for waving the Ferrari off when he shouldnt have, and the Ferrari owner is responsible for being a complete dumbass. that i agree with.

• Porsche - Product liability for selling an unsafe car. This falls into three levels of defect.

  1. There was some mechanical problem with this particular car that made it handle badly.
  2. There are design defects with the Carrera GT that make it a poor-handling car, mainly tail-happy.

no. no. no. NO. there is nothing wrong with that car, just people dont kno how to drive it. theres people that drive those thigns on the track every weekend, and i havent heard of an abundant ammount of people crashing these things and killing themselves in them.

  1. Third: The Carrera GT is too difficult a car to handle at high speeds for the average driver without instruction.

MAYBE. this is the reason why Ferrari wont sell an Enzo to anyone who has not owned at least 3 Ferraris prior. figure if you have owned some of these cars before u should have learned to drive them. the part about Porsche making the new owners take a driving school first is a good idea, but what about all the peoople who dont buy them directly from porsche? its a somewhat reasonable idea, but with the way the car market operates, it wont work. ALSO, if he knew he waqs having problems with the car, there is NO WAY he should have taken it out on the track. (i need to rip on myself here for a min) thats like me hearing a knock in my motor and saying ‘hmmm mayb it will go away’ and conttinue to drive it for 2 weeks. point is, if he thought there was something wrong with the car, he should have taken it to the dealer, not the track.

/end rant

In my humble opinion, these are all factors that should be considered to all participants in any track event. Their risks should be weighed and one should accept these risks should he choose to participate in this type of event. Shit happens, so everyone loses out because a series of unfortunate events takes the lives of two individuals. I’m sorry but if the owner knew he had handeling problems and went to the track anyway, he’s an idiot and deserves any fate to befall him.

note to all who track and wish to Driving cars at speeds in excess to those usually seen on public roads is dangerous and may result in damage to property, serious injury or even death. By participating in this type of event you accept those risks and will hold no other parties responsible if tragedy unfolds.

If I am lucky enough to peace out doing something I love, have a fucking party. Don;t sue anyone. I’m not worth that much $ anyway.

This is the kind of bullshit that will end driving events and fast cars.
If everyone in motorsports sued when something went wrong there would be no motorsports.
It is an unwritten rule that you don’t sue in motorsports.

-McClellan says, “No, Porsche should only be liable because this car was defective.” But then he adds, “It is defective, however, if the risks of its design outweigh the benefits. If its power and handling characteristics make it too dangerous for the average driver without training or instruction, then it is defective. Porsche should be liable because it sold a defective vehicle to Ben Keaton.”

IMHO, that is complete and utter bullshit. You cannot say a car is defective because a certain person lacks the skills necessary to drive it at its limits. People don’t magically become experienced drivers overnight, it obviously takes alot of seat time and instruction. You can’t become an experienced driver without those two factors so that claim doesn’t seem viable at all.

Correct me if I’m wrong, but it seems like Ben Keaton was trying to obtain this “training and instruction” by actually taking the car to the track in the first place and now porsche is being held accountable? The people working at the track and the driver of the ferrari that caused the accident should be repremanded for their poor decision making.

I think this is a valid claim to be looked into, if the track was not within safety standard. In cases like this there are 2 parts, part 1 is to assign liability, hence the laundry list of defendants. From an attorneys point of view they have to sue everyone, or they can face mal-practice claims.

I also agree that the Keaton estate should not be responsible.

:werd:

I totally agree on the design aspect. I think that if porsche makes an attempt to inform the buyer of driver training for the car and reccomends it there’s no claim there either. And even then I’m unsure if I would find this a reasonable claim to make, unless Ferrari & Lambo have corp. policy to inform, offer and reccomend driver training.

As long as the track was within safety specs I agree with you. I’m sure the driver of the GT and the passenger would agree with you. Maybe the wife is not “into” motorsports…

No im going to go with its more of a exclusive type of thing. They only made a certain number of cars, so why not make your most loyal customers feel special and only let them buy them? Plus it will cause more people to want to buy ferraris so the next time they make a limited run car like the enzo with a minimum ownership buy in they would have a chance to get one.

after thinking about this a little more, and thinking about what i said, i think you have a pont here BUT:
Porsche can sell the car to Person A, who is informed of available training and whatever offered by Porsche and is warned about the risks of the car. 2 years down the road, Person A sells the car to Person B. Person B kills himself in it. is Porsche still responsible? or is Person A now help accountable because he did not inform Person B that “hey, Porsche offers a great driving school. I would recomend it so you can learn how to drive this thing proporly”

That’s a very good point.