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Details behind Model X owner’s $5M+ class action lawsuit against Tesla
Following our report that a Model X owner has filed a class action law suit against Tesla, claiming a widespread defect in the vehicle’s onboard software causes sudden unattended acceleration (SUA), new details behind the suit have been obtained by Teslarati that shows a legal team aggressively targeting the core component to the Silicon Valley-based electric car maker’s fleet of vehicles.
The class action filed in federal district court claims Ji Chang Son – Korean star residing in Orange County, Calif. – crashed through his garage and into the living room of his home after his Tesla Model X accelerated suddenly and without warning on September 10, 2016, approximately one month after Mr. Son took delivery of the electric SUV. The suit claims that “Tesla has failed to properly disclose, explain, fix, or program safeguards to correct the underlying problem of unintended acceleration”, adding that “over sixteen thousand Model X owners with vehicles that could potentially accelerate out of control.
Son’s attorneys gave the court a full account of the development of the Model X, focusing on the company’s claim that the Model X is “the safest, fastest and most capable sport utility vehicle in history.” On the contrary, according to Son’s attorneys. They allege the Model X has a safety defect that permits the car to accelerate at full speed directly into solid objects, such as the exterior wall of Son’s home. In particular, they point out that 8 written complaints have already been filed with the National Highway Transportation Safety Administration from other Model X owners who report similar occurrences while driving their cars.
The lawsuit reads,
“Irrespective of whether the SUA events in the Model X are caused by mechanical issues with the accelerator pedal, an unknown failure in the electronic motor control system, a failure in other aspects of the electrical, mechanical, or computer systems, or some instances of pedal misapplication, the Model X is defective and unsafe. Tesla’s lack of response to this phenomenon is even more confounding when the vehicle is already equipped with the hardware necessary for the vehicle’s computer to be able to intercede to prevent unintended acceleration into fixed objects such as walls, fences, and buildings.
Despite repeated instances of Model X drivers reporting uncommanded full power acceleration while parking, Tesla has failed to develop and implement computer algorithms that would eliminate the danger of full power acceleration into fixed objects.This failure to provide a programming fix is especially confounding for a vehicle that knows when it is located at the driver’s home and is being parked in the garage, yet carries out an instruction, regardless of whether through an error by the vehicle control systems or by driver pedal misapplication, to accelerate at full power into the garage wall.
Further, not only has Tesla failed to fix the problems, it has chosen instead to follow in the footsteps of other automobile manufacturers and simply blame the driver.”
One problem, according to Son’s attorneys, is the software that controls the Automatic Emergency Braking system. Tesla has programmed that feature to disengage in order to allow drivers to make emergency maneuvers, “in situations where you are taking action to avoid a potential collision. For example:
- You turn the steering wheel sharply.
- You press the accelerator pedal.
- You press and release the brake pedal.
- A vehicle, motorcycle, bicycle, or pedestrian, is no longer detected ahead.”
In other words, say the attorneys, a Model X will drive straight into a solid wall if that is what the system thinks the driver wants it to do. “Apparently, this includes situations where the computer believes, rightly or wrongly, that the driver is commanding full power acceleration directly into fixed objects immediately in front of the vehicle.”
Class action lawsuits are complex and highly specialized legal actions. Federal law requires that the damages alleged for the entire class exceed $5 million. The plaintiff’s attorney have done so by claiming that Tesla is aware of at least two other instances in which drivers allege sudden unintended acceleration occurred while driving their Model X at low speeds. They then extrapolate those numbers to suggest that the rate of SUA incidents attributable to the Model X is 64 per 100,000 vehicles — substantially higher than for any other vehicle in history.
Page 12 of JI CHANG SON vs. TESLA MOTORS class action complaint
They point out that the incidence rate of SUA incidents for Toyota vehicles — which grabbed national headlines in 2010 — was far lower. They then go on to remind the court that Toyota paid several hundred million dollars to SUA victims as well as a $1.2 billion federal fine. Notice that the chart included in the pleadings shows an exaggerated and disproportionate projected SUA incidence rate for the Model X highlighted in bright red.
Tesla says its data retrieved from the vehicle’s blackbox shows the accelerator in Son’s Model X was fully depressed when the accident occurred. The question for the court will be whether the driver pressed the wrong pedal or whether the vehicle accelerated on its own. It is unclear whether a software failure would register the pedal as fully depressed even if it was not physically operated by the driver.
Plaintiffs always have the burden of proving their allegations. Attorneys for injured parties often rely on a legal doctrine known as res ipsa loquitur, which is Latin for “the thing speaks for itself.” Loosely translated, it means “we don’t know what is wrong with your product that you designed and built, but you know or should know.” Res ipsa loquitur shifts the burden of proof onto the defendant, which makes it much easier for a plaintiff to prevail in court.
One advantage the plaintiff gains from filing suit is the ability to discover what information Tesla has that is not yet public. Does Tesla know something it isn’t telling its customers? We may find out as this litigation goes forward.
We’ve provided a copy of the entire class action filing below.
[pdf-embedder url=”http://www.teslarati.com/wp-content/uploads/2017/01/Son-vs-Telsa-class-action-8-16-cv-2282.pdf”]
Elon Musk
OpenAI cites distrust of SpaceX in decision to drop Cursor partnership
OpenAI will cut SpaceX-owned Cursor’s model access in November, citing Musk’s history of broken contracts.
OpenAI, the company behind ChatGPT, announced late Friday that it is ending its partnership with Cursor, cutting off the coding tool’s access to its models on November 12. The move comes two weeks after SpaceX completed its $60 billion acquisition of Cursor’s parent company, Anysphere, folding the popular AI coding assistant into Elon Musk’s growing SpaceXAI division.
In a post on its website, OpenAI said the decision came down to trust, not technology. “We cannot be confident that SpaceX will use our technology within our terms of service, based on our experience with Elon Musk’s companies violating contracts,” the company wrote. OpenAI pointed to two specific incidents: X, now part of SpaceX, allegedly breaking the terms of an existing OpenAI contract after Musk bought Twitter.
That lawsuit is the backdrop for all of this. Musk cofounded OpenAI in 2015, left the board in 2018, and sued Sam Altman and Greg Brockman in 2024, arguing they abandoned the company’s nonprofit mission for profit. A federal jury sided with OpenAI in May, finding Musk waited too long to sue rather than ruling on the merits of his claims. Musk said at the time he would appeal to the Ninth Circuit, calling the outcome a “calendar technicality” rather than a real judgment.
SpaceX’s interest in Cursor predates that verdict by weeks. The company first struck a deal with Cursor in April, securing an option to acquire it for $60 billion or pay $10 billion for joint development work instead. As Teslarati reported at the time, the logic was straightforward: Cursor was paying retail prices to Anthropic and OpenAI, two of its most direct competitors, every time a developer used its product, while SpaceX had idle capacity on its Colossus supercomputer, roughly the equivalent of a million Nvidia H100 GPUs, that Cursor could use to train its own models instead. SpaceX exercised the option in June, days after its own IPO, and the deal closed in mid-August.
Once it closed, Musk moved fast. On an all-hands call with more than 1,000 Cursor employees, he reportedly told staff that SpaceXAI’s Grok was playing catchup in the AI race, unlike Tesla and SpaceX in their own markets, and singled out Anthropic as the company to catch. Cursor CEO Michael Truell now reports directly to Musk inside SpaceXAI.
Losing OpenAI’s models leaves Cursor leaning harder on Anthropic’s Claude, which has its own compute agreement with SpaceX, and on Cursor’s in-house Composer model, the one SpaceX’s compute was supposed to accelerate in the first place. OpenAI framed the November deadline as maximum notice under its contract, and said it wants to “go above and beyond” to help developers through the transition. Whether Anthropic makes the same call is now the open question in AI coding.
The in-car Tesla Theater is among the most unique features available within the cars. When charging, parked, camping, or just hanging out, vehicle occupants can access a variety of streaming platforms on the large center screen, helping keep them entertained during downtime.
However, the Theater might be getting plenty more streaming platforms, something that owners have requested for some time.
Tesla owners recently discovered that visiting Apple TV in the vehicle browser can launch a fullscreen interface that looks and behaves like a dedicated application rather than an ordinary webpage:
Today I learned that if you go to Apple TV in the Tesla browser, it will open up an actual Apple TV app, fully functional. Not just the site.
Apparently there are more apps than just the few that show on the apps page. pic.twitter.com/os1Ypfm4JR
— Jason W (@jmwilt21) August 20, 2026
The experience drops the usual address bar and browser chrome, presenting catalogs, continue watching rows, and playback controls in the same window Tesla Theater already uses for its listed services. Independent testers soon found similar treatment for HBO Max, Paramount+, Peacock, Disney+, and Prime Video when those sites are opened from the car browser.
This shift is a plausible early signal that Tesla is widening Theater support without a formal software note. Theater has long been a set of web views rather than native applications, so recognizing extra domains and stripping the browser frame is a small server-side change that can expand the catalog quickly.
Owners still lack permanent Theater icons for the newly recognized services, and video remains limited to Park, yet the smoother launch is a meaningful step toward a broader lounge while charging.
Tesla Theater arrived with software version 10 in September 2019. The first video services were Netflix, YouTube, and Hulu, available only while parked and originally tied to WiFi. Spotify arrived in the same era as music rather than Theater video. Disney+ joined officially in July 2021 with the 2021.24 update, giving owners another major catalog on the center screen. Twitch and TikTok later appeared among the default Theater tiles, and Tesla Tutorials remained a persistent educational tile.
Not every addition stayed put. In December 2023, a Holiday software build removed the Disney+ tile for many United States owners after a public dispute involving advertising on X. Hulu stayed visible even though Disney owned it. Visiting disneyplus.com in the browser often restored the tile, which suggested the removal was a recognition list change rather than a complete block. Owners have also reported occasional blank Theater grids after updates, usually fixed by language toggles, resets, or later firmware.
Tesla axes Disney+ from vehicles with Musk-Iger rivalry, but there’s a workaround
Code archives from 2024 listed many unused source names, including Apple TV and Prime Video, that never became official icons, which now looks like groundwork for the current fullscreen browser behavior.
Now that this hint toward an expanded Theater experience has been recognized, Tesla could follow through with these additional shortcuts as a sign that more streaming platforms are available in Teslas than ever before.
Tesla recently received its largest order for the all-electric Semi from Einride, a Swedish transport service, for 500 units, a groundbreaking invoice to receive before the first deliveries begin.
Even more remarkable, Einride CEO Roozbeh Charli said in a recent interview that he expects his company to take delivery of all 500 — the entire order — before the end of 2027. He even expects to have 75 Tesla Semi units in the Einride fleet before the end of this year.
🚨 Einride CEO Roozbeh Charli on the Tesla Semi partnership:
“If we start with the Amazon announcement that we did earlier this year, that was on the back of having gone through a proving period together with them and proving out our technology. Then we took that next step in… pic.twitter.com/oazkXjwoig
— TESLARATI (@Teslarati) August 28, 2026
Charli said the Tesla partnership was part of a broader push, along with its earlier partnership with Amazon. Einride is assisting Amazon with the use of its Saga AI platform, which helps eliminate questions about budgeting and forecasting for logistics companies.
The Semi, as well as Tesla’s production and subsequent delivery of the units to Einride, will help the company “to have a good supply of vehicles that we can deploy on the [Saga AI] platform,” Charli said. “Tesla is also a relationship we’ve had for a while, and as the Tesla Semi deliveries are firming up, we decided to do a larger commitment to that and deploy that on our platform.”
In its initial announcement, Einride said it anticipated taking delivery of the trucks over the next two years, but now it appears the company is expecting all 500 units within the next 16 months.
Built at a dedicated factory in Sparks, Nevada, the Tesla Semi has been perhaps the biggest and most intensive testing process the company has ever had for a single vehicle model. For the past several years, Tesla has been working with many companies, most notably Frito-Lay and PepsiCo, to gain knowledge on the performance on regional routes.
Tesla plans to launch the Semi officially on September 24, five months after production started ramping.
Additionally, drivers have said they are happy about the Semi’s performance and that its numerous safety and productivity features have made their jobs and routes much easier.
OpenAI cites distrust of SpaceX in decision to drop Cursor partnership
Tesla Theater might be getting plenty more streaming platforms
