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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
SpaceX’s next Starship flight set to make history on Friday the 13th
SpaceX is targeting Friday, November 13 for Starship Flight 15 and its first ship catch.
SpaceX is targeting Friday, November 13 for Starship Flight 15, the mission the company plans to use for its first attempt at catching the ship itself with the launch tower.
SpaceX Vice President of Launch Kiko Dontchev shared the date on stage at the UP.Summit on Thursday, according to Ars Technica’s Eric Berger, who was in attendance. It is the first launch target to come directly from a SpaceX executive. Until now, the public schedule had relied on FAA air traffic planning slides, which listed Flight 15 for no earlier than November 8 and later November 12. SpaceX has not posted an official mission page yet, and no launch time has been shared.
The date lands inside the window Elon Musk sketched out last month. Speaking at Giga Texas on October 10, Musk said the flight would “probably launch a little bit before Thanksgiving,” as Teslarati reported. On SpaceX’s third quarter earnings call ten days later, he confirmed that Flight 15 would try to catch both the Super Heavy booster and the ship, and put the odds of a successful ship catch at “more likely than not.” SpaceX also aired an animation of the maneuver during that webcast, showing the ship swinging vertical over Starbase before dropping into the tower’s chopsticks.
The hardware is ready. Booster 22 fired all 33 of its Raptor engines for a full duration static fire at Pad 2 on October 25. Ship 42 followed with a single engine burn simulating a deorbit maneuver on October 26 and a 60 second firing of all six engines the next day, according to NASASpaceflight. Ship 42 had already rehearsed the catch in September, when the Pad 2 arms lifted it into position and crews connected the quick disconnect arm while the vehicle hung from the tower.
The remaining hurdle is regulatory. The FAA’s Starship page does not yet list a Flight 15 license. SpaceX President Gwynne Shotwell said in October that, after “significant constructive engagement with the FAA,” she expects the license to cover a return to the launch site and a tower catch for both stages. Bringing the ship home means a reentry path that heads toward land, rather than ending over open ocean as every Starship flight so far has.
SpaceX has caught Super Heavy three times, on Flights 5, 7 and 8, but the ship comes back from orbital velocity and has never been caught. Flight 14 on September 28 was the first Starship to reach orbit, deploying 26 Starlink V3 satellites before splashing down despite an early engine shutdown that Musk blamed on engine computer software.
Musk has called a successful ship catch “the first time that there’s been full recovery of an orbital class rocket,” and he has already named the step after it: a Flight 16 where both the booster and the ship fly again. NASASpaceflight reports that Ship 43, the next vehicle in line, is set for static fire testing in December.
EVgo has tapped Tesla Superchargers for its most recent efforts to expand its charging presence in the United States, a move that seems logical based on the effectiveness of the automaker’s own infrastructure.
EVgo opened its first Supercharger site in Illinois, a 12-stall station near downtown Chicago at 3145 South Ashland Avenue in the Riverside Square & River’s Edge center, right beside a grocery store. This marks the start of the company’s plan to deploy hundreds of Supercharger stalls across the United States, primarily at grocery-anchored Regency Centers properties where drivers can shop, eat, or run errands while they charge.
We’ve opened our first EVgo Supercharger location in Illinois, marking the start of our plan to add hundreds of Supercharger stalls across the U.S.
Designed for both NACS and CCS vehicles with Magic Dock technology, these new sites help make fast charging more accessible and convenient for all EV drivers. Learn more: https://t.co/V92t5FDryQ
— EVgo Fast Charging Network (@evgonetwork) November 5, 2026
The new location uses Tesla’s Magic Dock technology so both NACS and CCS vehicles can plug in natively without drivers needing to carry their own adapters. Peak power reaches 325 kW at this site, with pricing set between $0.25 and $0.35 per kWh depending on the hour—the same rate for Tesla and non-Tesla drivers.
The stalls also appear in Tesla’s in-car navigation and Trip Planner, making them easy for Tesla owners to find and route to. Illinois has seen EV registrations rise nearly 60 percent over the past two years, and EVgo’s broader network has experienced more than 700 percent growth in charging demand over three years, so the timing fits the market’s trajectory.
Choosing Tesla hardware through the Supercharger for Business program turns out to have been a smart, practical move.
Tesla’s V4 stalls and cabinets deliver high, reliable power with a proven track record of strong uptime, while Magic Dock delivers true dual-standard compatibility in one package. Because the sites show up in Tesla’s navigation tools, EVgo instantly gains visibility among millions of existing Tesla drivers, which should raise utilization and help the company double its addressable market as more vehicles adopt NACS. EVgo still owns the stations and sets pricing, yet benefits from Tesla’s established hardware, longer cables, and operational support.
The result is faster, lower-risk infrastructure expansion that serves every EV driver—Tesla or otherwise—with convenient, high-power charging at everyday retail locations. For drivers, that means fewer adapters, more predictable stops, and a denser network just as electric vehicles become everyday transportation.
Tesla’s Austin Gigafactory is reportedly shifting to round-the-clock vehicle production through the end of 2026, according to longtime drone observer Joe Tegtmeyer.
In his November 2 update, Tegtmeyer, widely regarded as one of the most reliable independent sources on Giga Texas activity (we call him the Drone GOAT), stated that the plant has added a night shift, creating two 12-hour production shifts.
Tegtmeyer said in his video:
“Now, I do have some interesting news about that when it comes to the production schedule here at Giga Texas, and things are actually looking pretty good, especially when you think about what the demand is and the delivery numbers that they’re looking for and what they’re expecting. So, normally they have shifts Monday through Friday. It’s a day shift and it’s about 10 hours long or so, give or take. But now they’re on day and night shifts and they’re going to 12-hour days. So they’re going to be adding or they have another shift. They have 12 hours for both of them. In addition to that, the typical downtime that we’re going to be seeing around the holidays, specifically Thanksgiving and Christmas to the New Year time frame is actually changed. And we’re not going to see those big several day events where there is no production. At least that’s what the plan is right now. So, it’s really a great sign, I think, when we consider what they’ve done in the past and what production and the deliveries have been so far. So, maybe it’s shaping up to be a really strong quarter.”
Previously, General Assembly typically operated on a single roughly 10-hour day shift, Monday through Thursday or Friday. The new arrangement keeps General Assembly on its Monday-to-Thursday schedule while adding overnight capacity, and most other areas of the factory continue working the full week with some weekend activity.
Notably, the plant is also forgoing the multi-day shutdowns around Thanksgiving and the Christmas–New Year period that have occurred in prior years
Giga Texas currently builds the Model Y, the larger Model Y L, the Cybertruck, and the Cybercab robotaxi. Tesla has not confirmed the shift change or specified which lines will receive the extra output. Recent comments suggest Cybercab production has been constrained by the pace at which the Robotaxi fleet can absorb new vehicles, making the Model Y and Model Y L the more likely beneficiaries as the company works through order backlogs.
Tegtmeyer’s November 2 footage and commentary also highlighted broader site progress. Cortex 2 continues to expand, with additional compute coming online, a roughly 25 percent lengthening of the structure on the north end, and work on a third cooling plant.
The Boring Company tunnel site showed increased activity in the large launch pit, while the Advanced Technology Chip Fab (a SpaceX–Tesla joint R&D facility) continued steel superstructure and heavy truss installation, along with concrete pours.
The reported capacity increase arrives as Tesla aims for a strong fourth quarter following solid third-quarter results. While unconfirmed by the company, the information aligns with Tegtmeyer’s consistent track record of accurate on-site observations.
If Tesla makes the decision to sustain the all-day production plans, the dual 12-hour shifts would meaningfully raise weekly output potential at one of Tesla’s most important manufacturing hubs.
SpaceX’s next Starship flight set to make history on Friday the 13th
EVgo taps Tesla Superchargers for mass charging expansion
