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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
Nvidia’s board meets on Jensen Huang, and Elon Musk already has an answer
Elon Musk says it would be an honor to hire Jensen Huang amid Nvidia turmoil.
Elon Musk says he would welcome Jensen Huang at one of his companies if Nvidia’s board decides to push out its longtime chief executive.
On Wednesday evening, the financial account ZeroHedge posted “Elon please hire Jensen” on X. Musk replied roughly two hours later: “That would be an honor.” Neither Huang nor Nvidia had responded publicly as of Wednesday night.
Musk’s reply came as Nvidia’s board met to decide Huang’s future. The Wall Street Journal reported that directors were preparing to oust him following reports of two extramarital relationships. One involves Alice Huang, a Singapore-based businesswoman whom U.S. intelligence officials reportedly believe was working for China’s Ministry of State Security. The New York Times separately reported a relationship with Kimberly Powell, Nvidia’s vice president of health care. Huang acknowledged being unfaithful in a memo to employees on Sunday but gave no details.
@zerohedge That would be an honor
— Elon Musk (@elonmusk) November 12, 2026
Under Nvidia’s bylaws, a majority of its 11 directors can remove the CEO with or without cause. Bloomberg reported that the board has been working with an outside firm on possible replacements and may name an interim chief, with CFO Colette Kress seen as the likely pick. Nvidia shares fell more than 8 percent in extended trading, according to CNBC, and the company is scheduled to report quarterly earnings on November 17.
Musk has more riding on Nvidia’s leadership than most tech executives. In August, he told investors on SpaceX’s first earnings call as a public company that it would build its AI infrastructure exclusively on Nvidia hardware, calling Vera Rubin “the best architecture.” SpaceX is also working with Nvidia on the compute payload for Starmind, its planned orbital AI constellation. In October, SpaceX said it had a binding commitment for a roughly $40 billion lease of Vera Rubin GPUs and related equipment, with the leases expected to begin in the first half of 2027.
The scale of that dependence is already enormous. On its Q3 call, SpaceX said it was bringing roughly 200,000 to 220,000 Nvidia GB300 GPUs online each month and expects 2.5 to 3 GW of nameplate compute by the end of the year. That buildout is now reaching new sites like the proposed $24 billion power plant and supercomputer campus at Starbase.
The relationship between the two executives also goes back nearly a decade. Huang has often told the story of personally delivering Nvidia’s first DGX-1 AI supercomputer to Musk in 2016, when no other customer wanted one. “Nobody wanted to be part of it, except for Elon,” Huang said on the Joe Rogan Experience last December.
Musk did not say what role Huang might fill, and his reply stops short of a formal offer. Huang co-founded Nvidia in 1993 and still owns about 3.6 percent of its stock, so any move to a Musk company would depend on whether, and how, he leaves the chipmaker he has run for more than three decades.
SpaceX officially launched the Starlink Mini 2 on November 10, delivering the first portable Starlink terminal designed around independent power.
Invitation-only preorders for select U.S. customers are priced at $999 plus tax, a figure that includes a full year of Roam Unlimited service valued at roughly $2,100. A refundable $100 deposit reserves the kit, with the balance due at shipment, expected to begin in mid-December. Broader availability is listed as coming soon.
Starlink just unveiled Mini 2, its next-gen portable dish.
Quick-swap battery, up to 4.5 hrs per charge
USB-C power
Built-in Wi-Fi
Online in about 60 secondsPreorders are open now. https://t.co/QawqgbswrQ
— TESLARATI (@Teslarati) November 10, 2026
The headline feature is the quick-swap 71 Wh battery. Clipped to the rear of the dish without tools, it delivers up to 4.5 hours of connectivity on a single charge.
The 490-gram pack includes its own USB-C port and LED indicators, so users can charge a spare separately and swap it in seconds while staying online. Starlink notes that the terminal can continue operating while the battery charges or run directly from a 60 W USB-C source. The retail box includes one battery, a 60 W USB-C charger, and a 3-meter cable.
Beyond power, the Mini 2 is thinner at 23.1 mm (versus 38.5 mm on the original Mini) while measuring 263 × 314 mm. With the battery and kickstand attached it weighs 1.6 kg.
Built-in Wi-Fi 6 expands coverage to up to 1,800 square feet, an IP67 rating protects against dust and water, and a standard 1/4-20 tripod thread plus physical power button round out the design. Field of view remains 110 degrees, and the unit retains support for mobile use.
For travelers, campers, and remote workers, the swappable battery removes the longstanding requirement for an external power bank or vehicle outlet that defined the first Mini. Spare packs sold separately further extend runtime, turning the compact terminal into a more self-contained solution.
While the bundled $999 invitation price sits well above the original Mini’s current $149 starting point, the included year of service and genuine untethered operation mark a clear step forward in portable satellite internet.
Elon Musk
SpaceX’s $24B Starbase supercomputer plan slipped past a key roadblock
SpaceX wants a Starbase tax break for a $24 billion gas plant and supercomputer campus.
SpaceX is asking its own company town for a tax break on a $24 billion natural gas power plant and supercomputing facility at Starbase, Texas, and the land it picked sits just outside the reach of a data center moratorium that took effect in neighboring Brownsville last week.
A City of Starbase public hearing notice says SpaceX “proposes to construct, own, and operate a gas-fired power plant and super-compute facility” on roughly 444 acres between Boca Chica Boulevard and the Port of Brownsville. The $24 billion figure covers only the initial phases, and the notice leaves room for future expansions. The Starbase City Commission will consider a property tax abatement and a related economic development agreement at a 7 p.m. hearing on December 9. The notice does not disclose the size or length of the abatement, or how much computing capacity the site would hold.
The location has a history. Over the summer, SpaceX asked Brownsville to remove the tract from its city limits and offered $220 million for water and wastewater projects in return. Brownsville approved the move in August, and Starbase later annexed the land. Brownsville’s own 90-day pause on data center applications took effect last week, and had the tract stayed inside the city, the project likely would have needed a different home.
The power side is already in front of state regulators. SpaceX has applied to the Texas Commission on Environmental Quality for air permits covering 35 mobile gas turbines producing roughly 750 megawatts, according to Politico, which also noted that two of the three Starbase commissioners voting on the incentives are SpaceX executives.
Building its own plant lets SpaceX skip the Texas grid. Gov. Greg Abbott paused new data center grid connections in August pending an audit, but a facility that generates its own electricity does not need one. The air permit still has to clear the TCEQ, where Abbott also ordered a halt on data center permits.
The bigger test arrives in January. Governor-elect Gina Hinojosa, who unseated Abbott last week, has said she will block data center approvals until the legislature passes new protections, and she has already asked state officials to hold off on any sale of Boca Chica State Park to SpaceX until she is sworn in. Tesla and SpaceX shares both fell the day after the election, and Musk’s first reaction on X was “Data centers in space looking pretty appealing right now.”
That line points to Starmind, SpaceX’s orbital compute constellation. Musk has said terrestrial compute will be “peanuts compared to orbital compute” and expects monthly orbital deployments to pass ground deployments around the end of 2028, as Teslarati reported. Until then, SpaceX still needs gigawatts on the ground. It ended the third quarter with 1.7 GW of nameplate compute, is targeting 2.5 to 3 GW by the end of this year and wants at least 10 GW more in 2027. Its existing Colossus sites around Memphis already run on gas turbines and face a lawsuit from residents over emissions.
Local reaction is split. The South Texas Environmental Justice Network has announced a protest, citing air quality, water use and energy bills, while some Brownsville residents told the Tribune they welcome the jobs. SpaceX did not respond to the Tribune’s questions about the project.
Nvidia’s board meets on Jensen Huang, and Elon Musk already has an answer
Starlink Mini 2 arrives with one feature for true off-grid connectivity
