Minoclan

Who is going first on this one?

0396

I called and had a few minutes of discussion with Ellen. She is legit as I inquired of her firm’s involvement. Doses she represent PCNA - No From what I can tell, there's been an accident involving a Porsche which had a catastrophic coolant loss on public road. This coolant lost caused possibly several cars to crash too. My basic Business Law class of tells me that Porsche driver could be liable to legal action against them. If you've had a failure- please do it for the safety of the public and yourself / loved ones that might be in the car and email / call Ellen.

Thank you

996FLT6

Will this lawfirm be a rennlist sponsor? Mike

Gofishracing

I think they are looking for control of class action suit based on what happens between NHTSA & Porsche. PNA should have called the cars in as a recall. It would have cost them less in the long run based on the changing social mind of the world. What you could get away with in earlier years doesn't fly anymore. They should have step forward in my mind.

Terry L

The law firm wants to have a case where the government has already spent the money, completed the investigation, and concluded that there is liability. The agency determination that the car has a dangerous condition which must be repaired and which has caused injury or damage may not be conclusive but is likely admissible and entitled to respect. At that point, all the lawyers have to do is determine the class (really easy in this case), provide for notice, and argue about damages. Actually, that will be pretty easy too because the cost of repairing the fittings is well known. Any case where personal injury or physical damage occurred will probably opt out of the class. For the lawyers, add 30% or so onto the repair costs of the class. The argument may be whether an owner gets paid even if his fittings have not failed, or some were repaired under warranty.

Gofishracing

k guys- here is my update. First of all-The flame I put to this entire investigation was selfish motivated. I could not with a clear conscience go back on track knowing of the coolant line fitting that could endanger myself & others. After I did the repair I was worried about wrecking from a negligent owners on-track that knew about the problem but pretended it would not happen to them. I thought I might force PCA to take a position and have PNA step up and fix their cheap -out glued fitting situation. I'm sure we are costing them a fortune in bad publicity and legal , administrative costs. However. That does not mean they are going to fix anything. Now a legal firm has jumped in - hoping to let NHTSA & PNA do the fight and then start some suit. The biggest problem is the statute of limitations. Depending on the state, claims of this nature have to be brought within four to six years I am told by my legal source. Usually from the date of the transaction. As a result these claims are going to be barred. The other option is to bring claims based on the failure but it does not help people who have these cars which may need to be repaired, ie pinned or welded, but have not failed yet.
In the IMS case- if someone did the repair in anticipation of a failure that claim would not be covered- same here.
Also the IMS case involved 56,000 cars with less than a 20% failure rate. I'm told even if the failure rate is higher on the fittings only 10,000 cars were effected. Some under warranty have been re glued.- Not a great legal case . Perhaps if all the PCA regions had united it would have been enough pressure to effect change but I did only what I could. And in the IMS settlement there were different level of reimbursement. ( original owner, CPO, extended warranty, second owner etc.) My hopes for reimbursement have been deflated by my legal source. I think I just do like Mooty and give them the finger. We'll see.

Spyerx

Was this response from Porsche posted? Read the last page:

http://www-odi.nhtsa.dot.gov/acms/cs...009-57948P.pdf

FFaust

Un-freaking-believable! Deny, deny, deny.

Gofishracing

Oh well. Can't fight city hall. I still feel there is a safety issue. I guess I'm not suppose to worry about it. I guess other things to worry about. Drive Safe
http://www-odi.nhtsa.dot.gov/acms/cs...009-57948P.pdf

Spyerx

Candidly I wouldn't expect a response other than what they provide. it's their "assessment" of the situation. I think it's still important for those repairing proactively or finding failures to continue to report them.

I believe the NHTSA still needs to come up with THEIR conclusion of the investigation.

Gofishracing

de·ni·al noun \di-ˈnī(-ə)l, dē-\ : a statement saying that something is not true or real : a statement in which someone denies something

psychology : a condition in which someone will not admit that something sad, painful, etc., is true or real

: the act of not allowing someone to have something
CloseStyle: MLA APA ChicagoFull Definition of DENIAL
1: refusal to satisfy a request or desire
2a (1) : refusal to admit the truth or reality (as of a statement or charge) (2) : assertion that an allegation is false b : refusal to acknowledge a person or a thing : disavowal
etc.
etc.
3: the opposing by the defendant of an allegation of the opposite party in a lawsuit
4: self-denial
5: negation in logic
6: a psychological defense mechanism in which confrontation with a personal problem or with reality is avoided by denying the existence of the problem or reality
— in denial
: refusing to admit the truth or reality of something unpleasant <a patient in denial about his health problems>
See denial defined for English-language learners »
See denial defined for kids »
Examples of DENIAL
She issued a flat denial of the charges made against her.
The accusations have met with angry denials from school officials.
The city government has been heavily criticized for its denial of the seriousness of the situation.
The hardest part of the punishment was the denial of his right to see his children.
The group is protesting the denial of voting rights to convicted felons.
The lawyers were disappointed by the court's denial of their motion to dismiss the case.

DHI

I read the last two pages.
I'm disgusted.
My respect for Porsche is shaken.

Inrev

These statements could be proven false fairly easily. I'm not sure why Porsche would make such blatantly false claims and expect to not be proven wrong?

Alan C.

Well I was the fouth car into the gravel pit at Mid-Ohio following a massive leak from an 04 GT3. The coolant didn't evaporate very fast in that case, Porsche approved as I recall.

samluke

The statement of ".........no reports of injuries, fatalities or property damage......." Is disturbing.

It looks as though it's going to take a bad accident on the street to get their attention. Hopefully it never happens, but if it does then Porsche are going to see a big lawsuit as there is clear prior knowledge.

One of my failures happened on the street, but in a straight line, and I saw it straight away and stopped. It could have been much different.