By Staff Reporter ( | First Posted: Apr 02, 2015 05:27 AM EDT

A recent update has been revealed with regard to the lawsuit that was filed by Roger Rodas' widowed wife against the German automaker, Porsche where the latter countered the plaintiff's claims blaming Rodas for his and Walker's death.

Just last Month, Kristine Rodas filed a lawsuit against the "car-maker" used by Walker and Rodas when it crashed resulting to both casualties in November. According to NBC News, the plaintiff claim that "experts" have identified a suspension failure in the right rear wheel area of the sports car causing the car's rear end to swing to the left resulting to a vehicle that can't be controlled.

Also, the plaintiff asserted that the "Caretta GT" is a racing designed sports car that should include the same safety measures of cars used in race tracks. Therefore, Rodas' wife cited Porsche for total negligence, product liability and wrongful death.

According to a source, the presiding judge has dismissed some of the claims made by the plaintiff in February however, the judge didn't imply that Porsche should ignore the claims pertaining to the condition of the vehicle. Porsche filed a counter affidavit against the complainant with their own version of assertions.

Porsche's lawyers responded saying, "Roger Rodas's death, and all other injuries or damages claimed, were the result of Roger Rodas's own comparative fault."

Porsche's camp stood firm that there were no defects in the car as what the plaintiff previously claimed. The lawyers believed that Rodas might have "abused and altered" after it was purchased from the company. Thus these alterations could have been the factor why the tragic accident occurred in the first place, New York Daily News reported.

"Rodas chose to conduct himself in a manner so as to expose himself and others to such perils, dangers and risks," Porsche lawyers clearly emphasized in their response to the plaintiff's allegations.

The Los Angeles' Coroner's final report also states that, "The vehicle the two men were traveling in topped 100 mph when it crashed into a curb, tree, and light post before bursting into flames in Santa Clarita, California on Nov. 30, 2013. Like what was previously mentioned, the Coroner's findings are similar pointing to "over speeding" to be the main reason of the fatal crash.

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