Elon Musk shared the agony of having his infant son die in his arms while consoling a father who lost his teenager to a fiery crash in a Tesla Model S. Now, Tesla Inc. is trying to undermine James …
In 2018, Elon Musk shared the agony of having his infant son die in his arms while consoling a father who lost his teenager to a fiery crash in a Tesla Model S.
The case doesn’t feature any claim that Tesla’s technology was defective — unlike other suits blaming the carmaker’s Autopilot driver-assistance feature for fatal wrecks — and the outcome of the trial probably won’t damage the company’s reputation, said Michael Brooks, acting executive director of the Center for Auto Safety, a consumer advocacy group.
Lawyers for James Riley will argue Tesla was negligent for removing a speed-limiting device two months after his wife had asked the company to install it for Barrett’s safety. The company is poised to counter that while the car was being serviced, its staff was “tricked” by Barrett into removing the limiter — which was programmed to block the car from going faster than 85 mph.
Two years later, the Riley family sued Tesla. In their original complaint, they claimed that a defect in the Model S battery caused it to explode. Consistent with a medical examiner’s report cited in an investigation by the National Transportation Safety Board, they said Barrett was killed by the fire rather than the impact of the crash. A judge dismissed that claim after the company called into question whether evidence indicated a defect.
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