June 27 (Reuters) - Tesla failed to persuade a
federal judge to end a lawsuit over the death of a woman struck
after an Autopilot-equipped Model S ran off the road in Key
Largo, Florida, paving the way for a possible trial next month.
U.S. District Judge Beth Bloom in Miami said the estate of
Naibel Benavides Leon, and her former boyfriend Dillon Angulo,
may pursue design defect and failure to warn claims against
billionaire Elon Musk's automaker, and seek punitive damages.
A July 14 trial is scheduled. Lawyers for Tesla and the
plaintiffs did not immediately respond to requests for comment.
Tesla, based in Austin, Texas, has long faced questions
about the safety of its self-driving technology.
It has said its features are meant for "fully attentive"
drivers holding the steering wheel, and the features do not make
its vehicles autonomous.
The lawsuit concerned an April 25, 2019 incident where
George McGee drove his 2019 Model S at about 62 miles an hour
through an intersection into the victims' parked Chevrolet
Tahoe, which they were standing beside on a shoulder.
McGee had reached down to pick up a cellphone he dropped on
his car's floorboard, and allegedly received no alerts as he ran
a stop sign and stop light before hitting the SUV, which struck
the victims.
Benavides Leon was allegedly thrown 75 feet to her death,
while Angulo suffered serious injuries.
In a 98-page decision, Bloom said the plaintiffs offered
sufficient evidence that Autopilot defects were a "substantial
factor" in their injuries.
While McGee, who is not a defendant, conceded he was not
driving safely, that didn't automatically make him solely
responsible, "particularly given McGee's testimony that he
expected Autopilot to avoid the collision," the judge wrote.
Bloom said the failure to warn claim survived in part
because Autopilot's risks might be hard to extract from the
owner's manual on Model S touchscreens.
The judge also dismissed manufacturing defect and negligent
misrepresentation claims.
The case is Benavides v Tesla Inc. ( TSLA ), U.S. District Court,
Southern District of Florida, No. 21-21940.