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There is “ reasonable evidence ” to conclude that Tesla and its officers , include CEO Elon Musk , knew its vehicle had defective automatic pilot systems but still allowed the gondola to be get in areas “ not safe for that technology , ” a Florida jurist found .
The ruling last week from Judge Reid Scott , in the Circuit Court for Palm Beach County , mean the home of a military personnel who die in a collision while his Tesla ’s Autopilot was mesh can go to tryout and seek punitive damages from Tesla for knowing actus reus and staring neglectfulness . Reutersfirst reported the news .
The hit to Tesla total after the electric fomite maker deliver the goods two product liability case in California originally this year over the safety of its Autopilot system . Autopilot is Tesla ’s advanced driver assist system that can perform automated driving tasks like navigating on and off highway ramps , cruise mastery , lane alteration and machinelike parking .
The Florida lawsuit was the result of a 2019 clank north of Miami . Owner Stephen Banner ’s Model 3 drove under the house trailer of an 18 - wheeler that had turn onto the road , cutting off the Tesla ’s roof and killing Banner . A tryout that was determine for October has been delayed and has yet to be rescheduled .
When the case goes to trial , it might reveal novel information about the ream of data Tesla collects , info that is usually top cloak-and-dagger .
Judge Scott ’s finding that manager at Tesla ’s top knew of the blemish could also think of Musk would have to testify . The jurist said that Tesla ’s selling strategy painted the production as autonomous and Musk ’s public affirmation about Autopilot “ had a significant effect on the belief about the capacity of the Cartesian product , ” according to the opinion . The judge pointed to amisleading 2016 TV , whichMusk was incur to have superintend , that purport to show a Tesla being drive completely autonomously by the Autopilot system of rules .
The billionaire entrepreneur was not required to sit for a dethronement after a judge rejected the Banners ’ logical argument that Musk had “ unique noesis ” of the proceeds of the pillow slip .
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The judge compared Banner ’s crash to a similar 2016 fatal clangour involve Joshua Brown in which Autopilot fail to detect thwart motortruck , which leave to the vehicle crashing into the side of a tractor lagger at high speed . The judge also base his finding on testimony given by Autopilot engineer Adam Gustafsson and Dr. Mary “ Missy ” Cummings , director of the Autonomy and Robotics Center at George Mason University .
Gustafsson , who was the detective on both Banner ’s and Brown ’s crashes , testified that Autopilot in both suit failed to detect the semi and stop the vehicle . The engineer further testified that despite Tesla being aware of the problem , no change were made to the grumpy - traffic catching warning system from the date of Brown ’s crash until Banner ’s crash to account for crossbreeding dealings .
The judge publish in his opinion that the testimonial of other Tesla engineers lead to the sensible conclusion that Musk , who was “ nearly mired ” in the development of Autopilot , was “ astutely aware ” of the trouble and failed to amend it .
A Tesla interpreter could not be reached to gloss .
As Tesla has done in the past , the auto maker will likely argue that Banner ’s clash was the resultant role of human error . A National Transportation Safety Board investigation into the chance event found that there was blame to go around — agree to the probe , the hand truck driver had failed to yield right field of fashion and Banner was neglectful due to over - reliance on Autopilot . But the NTSB also found that Autopilot did n’t send a visual or hearable admonition to the driver to put his hands back on the bicycle , according toBloomberg .
Tesla ’s lawyers may bank on the common law go under in two old example this year , from which the automaker emerged winning .
In April , Tesla secured a win after a California panel learn the automaker wasnot to fault for a 2019 crashinvolving Autopilot . Plaintiff Justine Hsu litigate Tesla in 2020 for fraud , negligence and break of contract , but was grant no equipment casualty .
A few week ago , a jury side with Teslaover allegations that Autopilot led to the death of Tesla driver Micah Lee in 2019 . The two plaintiffs , survivor of the crash , alleged that Tesla knew its mathematical product was defective and sought $ 400 million in damages . Tesla debate that the crash was the result of human error .
The case — No . 50 - 2019 - CA-009962 — is being tried in the Circuit Court for Palm Beach County , Florida .
