Oct 28 (Reuters) - The estate of a man who was killed in
2021 after his Tesla crashed and caught fire has asked a federal
judge in San Francisco to sanction the electric vehicle maker
over stalled efforts to settle a wrongful death lawsuit.
Lawyers for the estate of Charles Leach said in a court
filing on Friday night that Tesla violated a court order by
failing to send a company official with settlement authority to
a mediation hearing last month.
The estate's lawyers said they reached a deal to resolve the
wrongful death lawsuit for a confidential amount, but they
learned hours into the September hearing that Tesla's designee,
a products liability lawyer, could not approve a settlement
agreement on his own.
Tesla's actions caused the parties to breach the settlement
agreement, the lawyers said. The estate asked the court to award
$9,600 in legal fees as a sanction against the Elon Musk-owned
carmarker.
Tesla and its attorneys did not immediately respond to
requests for comment, and neither did lawyers for the driver's
estate.
Tesla has denied any wrongdoing, blaming the driver for the
fatal crash. A jury trial in the case is scheduled for July
2025.
The estate's lawsuit said Leach's Tesla Model Y "suddenly"
accelerated, went off the road and slammed into a pillar at an
Ohio gas station. Leach, 72, died from blunt force trauma, burns
and other injuries.
"Tesla was aware that its vehicles - including the Model Y -
have reportedly on hundreds of occasions accelerated suddenly
and without explanation," the lawsuit said.
Tesla has responded that Leach was solely to blame for
"improper and unsafe" operation of his 2021 vehicle. The company
said Leach's model "was state-of-the-art and was not defective
in design or manufacture."
Tesla has faced other lawsuits over crashes blamed on
alleged defects in its electric vehicles. Tesla last year won
the first trial over claims that its Autopilot driver assistant
feature led to a death.
Tesla separately faces U.S. legal and regulatory scrutiny
over its driver assistance systems. In December, Tesla recalled
millions of vehicles to install new safeguards.
The case is Donna Leach v Tesla, U.S. District Court,
Northern District of California, No. 3:23-cv-03378-SI.
For plaintiff: Todd Walburg and Scott Baez of McCune Law
Group
For defendant: Sandra Ezell of Nelson Mullins Riley &
Scarborough
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