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NORTHERN CALIFORNIA RECORD

Tuesday, November 5, 2024

Family Sues Tesla Over Fatal Autopilot Malfunction

State Court
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A tragic accident involving a Tesla vehicle has led to a significant lawsuit, highlighting potential flaws in the company's Autopilot system. The complaint was filed by Laura Diane Bolton and her children, Rowan Starr Bolton and Willow D. Bolton, on July 16, 2024, in the Superior Court of California, County of Santa Clara against Tesla, Inc., and Ashok Elluswamy.

The plaintiffs allege that the death of Jason Royce Bolton on July 26, 2023, was caused by a malfunction in the Autopilot system of his 2023 Tesla Model 3. According to the complaint, while driving on California Route 152, the vehicle's Autopilot system malfunctioned without warning, causing it to veer off the road and crash. The plaintiffs argue that this defect directly resulted in Jason Royce Bolton's fatal injuries. The complaint outlines several causes of action including strict liability for manufacturing and design defects, negligence in marketing and distributing the vehicle, failure to recall a known dangerous product, breach of express and implied warranties, violation of consumer protection laws under the Consumer Legal Remedies Act (CLRA), violation of Penal Code Section 496 for theft by false pretenses, loss of consortium for Laura Diane Bolton due to her husband's death, and a survival action under CCP §377.30.

The plaintiffs claim that Tesla's aggressive marketing strategies misled consumers about the capabilities and safety of its Autopilot system. They cite promotional videos such as the "Paint It Black" video which depicted a Tesla car driving itself without any human intervention—an assertion they claim is false and dangerously misleading. Additionally, internal emails revealed that Tesla CEO Elon Musk oversaw these deceptive marketing efforts personally.

The Boltons are seeking compensatory damages for their loss as well as punitive damages against Tesla for what they describe as fraudulent and malicious conduct. They also seek statutory civil penalties under California Civil Code §§1794(c) and (d), an injunction against further deceptive practices under CLRA §1780(a)(2), treble damages under Penal Code §496(c), costs of suit incurred, interest as provided by law, and any other relief deemed just by the court.

Representing the plaintiffs are attorneys Jonathan A. Michaels from MLG Attorneys at Law APLC along with John Whelan and Iman Sorat from Trial Lawyers for Justice. 

The case will be presided over by Judge C. Roman under Case ID: 24CV443206.

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