Suit Against Tesla Over Fatal Florida Accident Blames Battery

By | January 9, 2019

Chicago law firm Corboy & Demetrio said on Tuesday it filed a lawsuit against electric carmaker Tesla Inc. alleging that its 2014 Model S sedan had a defective battery pack that caused the death of an 18-year old passenger in an accident last year.

Last May, a Tesla driven by Barrett Riley with passenger Edgar Monserratt Martinez crashed into a concrete wall and erupted in flames in Fort Lauderdale, Florida killing both the teenagers, according to the lawsuit.

The law firm represents the estate of Edgar Monserratt Martinez.

Less than two months before the crash, Riley’s parents had a limiter installed at a Tesla service center to prevent the vehicle from reaching over 85 mph, but it was removed at another Tesla service visit without his parents’ knowledge, the law firm said.

An additional count in the lawsuit alleges Tesla was negligent in the removal of the limiter.

It added that Riley was driving the vehicle at 116 mph, immediately before the collision.

The lawsuit also alleges that Tesla “failed to warn purchasers of its vehicles of the battery’s dangerous condition.”

The U.S. National Transportation Safety Board had said last year it was investigating the crash.

There have been at least a dozen worldwide reported cases of Tesla S batteries catching fire in collisions as well as while being stationary in the last five years, the law firm said.

Tesla did not immediately respond to a Reuters request for comment.

(Reporting by Sanjana Shivdas in Bengaluru; Editing by Shailesh Kuber)

Topics Lawsuits Florida Tesla

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Latest Comments

  • January 11, 2019 at 3:02 pm
    Rosenblatt says:
    Roger that, Jack. I'm with you that the proximate cause of the fatality was the excessive speed. No argument here! :)
  • January 11, 2019 at 12:45 pm
    TxLady says:
    116 MPH versus a concrete wall. The car is going to lose this battle. Wasn't the battery's fault the driver hit a wall at this speed. It was the driver's fault. A terrible tr... read more
  • January 10, 2019 at 2:06 pm
    Jack King says:
    Rosey, My point is that this is the driver's fault for speeding. I didn't say that removing the limiter made the battery defective. If the limiter was still intact, then the k... read more

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