The motion file, obtained by USA TODAY, reveals that one of Walker's attorneys was reviewing documents on a
One email referred to the accident rate for the rare model that Walker was riding in when the car spun out of control, hit three trees and burst into flames. The Nov. 30, 2013 crash killed Walker and the driver, Roger Rodas.
"As many as 200 of the 1,200 Carrera GTs which Porsche produced had been 'totaled' in the first two years it was sold (2004-2006)," a statistic the author blithely noted while relaying the news that a body shop employee had crashed another vehicle into a telephone pole.
Other redacted material includes the identities of witnesses and marketing material about the Porsche Stability Management system, an electronic safety system that was intentionally left off the Carrera GT, which the German automaker marketed as a "supercar that can be driven every day." (Porsche enthusiasts jokingly refer to PSM as "Please Save Me.")
In 2006, the
After acknowledging the "high-profile deaths and lawsuits" involving the Carrera GT, auto journalist Doug DeMuro noted in a 2015 video profile, "No automaker with any sort of reasonable, decent legal department will ever go near anything like this again."
Lead attorney Jeffrey L. Milam concluded in his motion, "(Porsche) has demonstrated an intent and practice to conceal evidence and deny plaintiff access to critical and relevant information that is necessary for a full and fair trial. Plaintiff has no assurance this practice will cease, and based on (Porsche's) misconduct, plaintiff can no longer rely on any statements or representations by defense counsel."
Milam is moving for terminating sanctions, a form of reprimand handed down by the court when one side refuses to share evidence or hides it. Sanctions could range from a fine (the motion is asking for $53,000) all the way up to a default judgment for Meadow Walker, 18.
Last year, a judge ruled that Porsche was not at fault when the widow of the driver, Roger Rodas, sued, alleging the car's suspension had failed. That ruling did not affect Walker's suit against them.
Frank Wiesmann, a spokesman for Porsche Cars North America, told USA TODAY the company, "as a matter of policy, does not comment on litigation matters."
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