The only allegation that was not dismissed was the "strict liability claim" regarding the lack of a crash cage and racing fuel cell for the high-performance car.
The complaint argues that such a high-powered sports car should have a higher standard of crash protection, and that a mechanical malfunction forced Rodas to veer off the road.
While it may have been a "high-performance sports car" it does not seem to be rated for speeds in excess of the posted speed limit on public highways. Operating it above the posted speed limit (the claim the widow is trying to overcome) indicates wanton disregard for the safety of the driver and any other motorists on the road, and thus gross negligence.
But since it appears the vehicle was rated for operation on the public roads it would need to have passed minimum front end crash testing. Any vehicle that suffered the extent of damage depicted obviously would have failed the front end crash standard. Now to prove that this one vehicle somehow was out of spec in that regard.
Respectfully, Hawkmoon, I disagree with you. Those left behind are not looking for a gazillion dollars (although they certainly will not turn down away thrown their way). They are looking for someone/something else to blame rather than accept that the dearly departed made stupid and fatal decisions. Without the assignment of blame elsewhere they would have to accept the fact that they are/were related to a farging idiot. Which means they run the risk of being exposed as one, too.
stay safe.
