Santa Clara, CA: Tesla Motors is facing a potential defective automotive class action lawsuit alleging Model X has a serious sudden unintended acceleration (SUA) defect.
According to complaint, the ratio of SUA events for Tesla versus the rate found in the literature on other vehicles is far higher, even compared with what was reported for Toyota vehicles.
Specifically, the suit alleges that Tesla designed the vehicle to accept an instruction to accelerate full speed into a wall in a vehicle owner's home, as was recorded by the plaintiff on the built in camera in his Tesla. The plaintiff, Mr. Son alleges he was pulling his Tesla Model X into his garage, when it suddenly accelerated, causing the vehicle to crash through his garage wall and into his living room, injuring Son and his passenger.
According to the plaintiff’s attorneys, Tesla has marketed and sold these very expensive vehicles to consumers claiming that they are far and away the smartest and safest vehicles on the road. A vehicle that has been engineered to know it is at home, open the garage door, and even pull in or out of the garage without a driver, but then blindly accepts an instruction (whether the result of driver error or electronic malfunction) to go full speed into the garage wall is neither smart nor safe and is defective.
Attorneys for the plaintiff are submitting a letter to the National Highway Traffic Safety Administration ("NHTSA") this week requesting that an investigation be opened into the Tesla Model X for defects resulting in sudden unintended acceleration.
The plaintiff is represented by Richard McCune of McCune Wright Arevalo, LLP, and and Benedict Kwon of Stradling Yocca Carlson & Rauth, P.C.
