The Ruling
Circuit Judge Reid Scott rejected Tesla’s motion to summarily dismiss a lawsuit accusing the company of causing Jeremy Banner’s death in 2019. In a 23-page ruling, Scott found that Kim Banner’s attorneys presented sufficient evidence to let the case proceed to trial sometime next year. Scott also found that Banner can seek punitive damages from the company that, if awarded, could reach millions of dollars.
Win for the Plaintiff
The judge, citing other fatal crashes involving Autopilot , wrote last week that there is a genuine dispute over the issues in this case. Namely, whether Tesla created a foreseeable zone of risk that posed a general threat of harm to others. The attorney for Mrs. Banner said that the ruling shows how Tesla’s conduct was far more than just negligent. Indeed, their behavior involved intentional and reckless decisions that led to the death of customers.
Tesla’s Argument
Tesla argues that it warns drivers its cars are not fully self-driving. They assert drivers must pay attention to the road and that they are ultimately responsible for steering and braking properly. The judge, however, says that by naming the system Autopilot, Tesla implied that the cars are self-driving and don’t require the driver’s full attention.
Misleading Marketing
In an ad on Tesla’s website, one of their vehicles is seen driving through a city’s winding roads and navigating traffic all without the driver’s input. However, in court, Tesla employees revealed that the car in the ad was programmed with mapping software not available to the public. In fact, they say the vehicle performed poorly and even ran into a fence while filming, requiring several takes to complete the video.
The Facts of This Case
While traveling almost 70 mph, Jeremy Banner activated Autopilot and took his hands off the wheel. To his right, a tractor-trailer leaving a farm moved into his path. The Tesla didn’t detect it and neither it nor Banner braked or swerved. Ten seconds after Autopilot was activated, the car drove underneath the trailer, shearing off the hood and killing Banner instantly. This grizzly scene could have been prevented had Tesla’s marketing been more up front about the truth.
