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Settlement unlikely in Tesla’s sudden acceleration case

[THE INVESTOR] Korean actor-singer Son Ji-chang is determined to proceed with his lawsuit against Tesla, alleging defects in Model X and Model S vehicles leading to sudden unintended acceleration, as a settlement with seems unlikely now, according to Son’s attorney.

“We have no reason to believe that this case will be settled anytime in the near future,” Richard McCune of McCune Wright Arevalo, LLP, told The Investor on June 26, adding the trial date is set for Nov. 6, 2018.

Meanwhile, Son and his attorney will work on gathering information and evidence in preparation for the trial. McCune plans to ask written questions, conduct depositions and request documents to determine the cause the defect and how long has Tesla known it, as well steps being taken to rectify it. 

On Dec. 30, Son filed a class action suit against Tesla in California, after discovering that several cases of unintended acceleration involving the Model X -- that were similar to his accident -- had been reported to the National Highway Traffic Safety Administration. He claims his Model X SUV unexpectedly accelerated on full throttle while he was trying to park inside the garage in his Irvine home, causing him to crash through the wall and into his living room, injuring himself and his son. Since the initial complaint, more plaintiffs were added to the litigation that now includes both the Model X SUV and Model S sedan.

Tesla, however, denied that its Model X -- once touted as “the safest SUV ever made” by its founder Elon Musk -- suffers from defects. Insisting that the crash was entirely Son’s fault. Tesla also accused him of blackmail using his celebrity status in Korea.

In response, Tesla filed a motion to dismiss half of the claim brought against the automaker accusing that its cars are prone to sudden unintended acceleration.

A California federal judge on June 8 refused to drop the breach of warranty claim, saying drivers sufficiently stated the vehicles may contain manufacturing defects. The judge, however, did rule in favor of Tesla, and dismissed some of the plaintiff’s original claims, including charges of misleading consumers through false advertisements.

McCune said he and Son are pleased with the court’s decision and are planning to provide additional information to the court to amend their claims.

The ongoing lawsuit has sparked controversy in Korea, raising safety concerns about Tesla vehicles as the automaker is speeding up expansion here. Last week, Tesla celebrated the official launch when it delivered Model S 90D vehicles, its first car model on sale, to local customers.

By Ahn Sung-mi (sahn@heraldcorp.com)