— A Porsche Cayenne coolant leak lawsuit has been dismissed after the federal judge ruled there was not enough evidence that antifreeze fumes caused a Porsche owner to develop lung problems.
Plaintiff Joseph Edward Riad filed the lawsuit after his 2004 Porsche Cayenne Turbo coolant pipes leaked antifreeze and allegedly caused his injuries.
Plaintiff Riad purchased a used 2004 Porsche Cayenne Turbo in 2011 which was equipped with coolant pipes made with a Nylon 66/plastic composite.
In November 2016, he was driving to his local Porsche dealer in Newark, Delaware, and the Cayenne coolant pipes cracked and caused antifreeze to leak and vaporize.
According to Riad, "there was just smoke coming out from everywhere, like from under the car, like from the exhaust area and from the vents. It was—it was really uncomfortable. I could taste it. I could smell it. I was coughing. It was very uncomfortable. It was everywhere. It was like in the car. Even with the windows down, the smoke was in there."
The lawsuit says he called the Porsche dealership and was told to keep driving to the dealer, so he inhaled the fumes during the trip and contends he "got out of the car, crawled out of the car . . . and I was just hacking, hacking, hacking and I threw up and I laid on the ground."
He says the next day he had shortness of breath and visited the emergency room where he was given steroids and nebulizer treatments.
The Porsche Cayenne lawsuit alleges several days after the 2016 coolant leak incident, Mr. Riad called Porsche customer service and the representative supposedly told Riad:
"It's a shame you didn't die. Now we have to deal with you."
According to the Porsche Cayenne lawsuit:
"In the years since the incident, Riad claims he has seen minimal improvement in his respiratory condition. Despite having no history of respiratory problems before the accident, Riad has regularly used inhalers since that date and repeatedly sought treatment for the condition from his primary care physician and pulmonologist, who diagnosed Riad with asthma."
The plaintiff filed his lawsuit in November 2018 alleging the plastic cooling pipes in his 2004 Cayenne were defective and that a crack in one of the pipes allowed toxic fumes to enter the cabin of the car. This allegedly caused lasting damage to his lungs.
Porsche Cayenne Coolant Leak Lawsuit Dismissed
The Porsche Cayenne coolant leak lawsuit involves two product liability claims, one for a strict liability design defect and one for negligent failure to warn.
Judge Karen S. Marston says to prevail on either claim, Riad must prove there is "a causal connection" between the antifreeze fumes that entered the cabin of his 2004 Cayenne and his respiratory injuries.
"Proof of causation is a necessary element in a products liability action. Absent a causal relationship between the defendant's product and the plaintiff's injury the defendant cannot be held liable on a theory of negligence, strict liability, or misrepresentation." — Judge Marston
According to the judge, "[f]or a plaintiff to make out a cause of action in such a case . . ., the law requires that expert medical testimony be employed" to show "the injury in question did, with a reasonable degree of medical certainty, stem from the negligent act alleged."
However, the judge ruled the plaintiff failed to show his alleged injuries were caused by the Cayenne coolant leak.
A board certified pulmonary and critical care specialist for the plaintiff testified the inhalation of the leaked coolant and vapors, "likely led to the development of pulmonary disease for Mr. Riad."
But the judge found "likely" does not equate to a reasonable degree of medical certainty.
The plaintiff's specialist also repeatedly said it was "possible" the antifreeze leak caused medical problems, but the judge ruled "possible" does not equate to a reasonable degree of medical certainty.
Responding to questions from Porsche, the plaintiff's medical specialist again talked about possibilities:
Porsche: "So if I understand you correctly, as you sit here today you're not able to say to a reasonable degree of medical certainty that Mr. Riad has a lung disease related to inhalation of coolant?"
Pulmonary Specialist: "Imagine that would be no, because I don't think that the workup is complete."
Porsche: "And sitting here today, can you determine the likely or possible cause of the irritant-induced asthma?"
Pulmonary Specialist: "The possibilities obviously include the vapors he inhaled. That's definitely on the list."
Porsche: "Do you stand by your report, that it was likely the cause?"
Pulmonary Specialist: "It's a possible cause, yes."
The judge dismissed the Porsche Cayenne coolant leak lawsuit by finding:
"[N]one of his physicians have been designated as causation experts, nor is there anything to suggest that their causation conclusions were made to a reasonable degree of medical certainty." — Judge Marston
Notes From The Judge About The Plaintiff's Attorney
Though the judge says this had nothing to do with the outcome of the Porsche coolant leak lawsuit, Judge Marston says she felt "compelled to address the appalling conduct of current Plaintiff's counsel, Mickala Rector (who is also Riad's fiancé)."
The judge describes things this way regarding audio recordings between Porsche, the plaintiff and his attorney.
In the 24 hours after the coolant leak incident, plaintiff Riad called Porsche's customer service line and spoke with two customer service agents.
The judge references a second call placed by Mr. Riad to a Porsche representative who explained to Riad the automaker would not cover the cost of repairing the 2004 Cayenne because an extended warranty had expired.
During this call, attorney Mickala Rector joined the conversation and began to berate the Porsche representative, telling her to "shut up" and saying Riad could "simply just sue [Porsche]" if the company wasn't willing to cover Riad's damages.
According to the audio recording, attorney Rector then told the agent to "go get your ass, go find a supervisor right now and stop pretending you understand the law."
When the representative tried to explain that her supervisor was unavailable, Rector interrupted and told the Porsche customer service representative again to "shut up" and "go get me a supervisor now."
According to the judge, attorney Rector then threatened the representative by telling her, "you will not work for Porsche after today," and saying, "you are the worst customer representative I've ever heard in my life," and "I do not appreciate being pulled away from my work to deal with your stupidity."
The judge says the Porsche customer service person, "exhibited a commendable amount of professionalism during this encounter, [and] was eventually able to connect to a supervisor."
But before she could transfer the call, attorney Rector asked for her full name and said, "I want to make sure you never work for Porsche again," and ending the call with a sarcastic, "so sorry for your job loss right around the holidays."
"Rector's conduct would be unacceptable from any decent member of society, but the Court finds it extremely concerning that a member of the Bar, holding herself out as such, would act this way." — Judge Karen S. Marston
The Porsche Cayenne coolant leak lawsuit was filed in the U.S. District Court for the Eastern District of Pennsylvania: Joseph Edward Riad v. Porsche Cars North America, Inc.
The plaintiff is represented by Rector Law Offices, and the Law Offices of Richard E. Schimel, LLC.
