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Details behind Model X owner’s $5M+ class action lawsuit against Tesla

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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.

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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.

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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”]
 

"I write about technology and the coming zero emissions revolution."

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Starlink is ‘biggest competitive advantage,’ but it’s temporary, United CEO says

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Credit: United Airlines

United Airlines CEO Scott Kirby said that SpaceX’s Starlink satellite internet is its leading competitive advantage in the U.S. airline industry. However, in recent comments, while he described the service as “the biggest competitive advantage” the carrier currently holds, he also acknowledged that the edge is temporary.

“…everybody eventually is going to have high-speed low earth orbit internet connectivity. It’s going to be a must-have. We are going to have a few years of being the only airline that has it at scale, and that’s our mission,” Kirby said. Until everyone has it, United aims to capitalize on its head start by converting trial users into long-term loyal customers.

United has moved faster than its rivals on Starlink installations. As of mid-to-late October 2026, the system was on roughly 43 percent of its fleet, with plans to reach 61 percent by year-end, 87 percent by June 2027, and full fleet coverage by the end of next year.

The airline already operates more Starlink-equipped flights than the rest of the U.S. industry combined. Los Angeles International Airport is scheduled to become United’s first 100 percent Starlink hub in the first half of 2027, and the carrier’s app will display the likelihood that any given flight has the service.

Kirby has pointed to early evidence that the offering influences booking decisions. Some passengers loyal to other airlines are already switching flights for Starlink connectivity, something the airline, along with American Airlines, has tried to leverage against competing airlines. Both companies used status-match programs, and some of those customers are pursuing company-specific credit cards, which signals an intent to stay.

Once onboard, these customers encounter the airline’s broader investments in aircraft, larger seat-back screens, oversized bins, connection tools, and a mobile app that Kirby says outperforms competitors. Wi-Fi satisfaction scores on Starlink-equipped planes have been reported to be nearly double those on aircraft with other systems.

Competitors are moving slowly to do the same. Southwest Airlines began installations in 2025 and expects to complete them soon. Delta is pursuing Amazon’s Leo system, while American expects to start Starlink work in early 2027 and has not yet detailed regional-fleet plans. This timeline gap gives United a multi-year window in which it remains the only major U.S. carrier offering Starlink at scale.

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Kirby has framed the strategy as pressing that advantage while simultaneously widening gaps in other technology areas so that customers who try United for the Wi-Fi remain for the overall experience.

The approach reflects a calculated bet that superior in-flight connectivity can accelerate share gains and support longer-term financial targets, including a 10 percent pre-tax margin goal.

High-speed internet is particularly valued by premium and business travelers who can work or stream reliably. As low-Earth-orbit service becomes ubiquitous, the temporary nature of the pure connectivity edge means United’s retention will depend on whether its other product and operational improvements keep pace.

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Tesla Cybercab’s unorthodox paint process explained

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Credit: Tesla

Tesla Cybercab skips the traditional paint shop entirely, marking an unorthodox process for coloring the fully autonomous vehicle. However, the decision was a smart one, as it slashed factory costs, floor space utilization, and complexity, since Tesla relied on specialized alloys and in-mold coloring.

Munro Live was given the opportunity to do a factory walkthrough with Tesla Vice President of Vehicle Engineering Lars Moravy, who explained and detailed how Cybercab production at Giga Texas eliminates one of the automotive manufacturing industry’s most expensive and space-hungry elements.

A conventional paint line can cost hundreds of millions of dollars and require a million man-hours to build. Moravy framed the choice around Tesla’s core rule: “Question the requirements: why do you need paint?”

The structural answer lies in material selection. The aluminum alloys used in Cybercab’s front and rear castings do not oxidize and lose strength over time, the way many common automotive aluminum alloys do. Only the side modules, built around hot-stamped boron-steel door rings, receive an anti-corrosion e-coat, or dip coat. Front and rear modules skip coating altogether.

Model Y and Model 3 bodies, by contrast, are fully coated and painted.

Exterior colors come from the plastics shop, which Tesla engineers described as “our paint shop” for the Cybercab. Body panels are produced via reaction injection molding, referred to as RIM. Color is then mixed into a polyurethane resin at the mix head immediately before injection, so the panel emerges already colored with a Class-A surface.

Robots trim overflow to control sink marks and flow lines. The process avoids conventional spray-paint defects like orange peel and paint bleed. Scratches can still be repaired with compatible coatings that behave “basically like paint.” Because color is integral rather than a surface layer, shallow scratches do not expose a contrasting undercoat.

The secret behind Tesla’s Cybercab Gold goes well beyond just the color

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Tesla has also explored related approaches, including in-mold lamination and painted films on stamped panels.

The manufacturing payoff is substantial because removing the paint shop, combined with the “unboxed” modular process that builds and tests front, rear, side, and center modules in parallel before a short final assembly, cuts factory floor space per vehicle by about 50 percent.

Final assembly itself uses only about 25 automated stations, far fewer than the typical Model Y line, and the overall line runs at about 78 percent automation, Moravy said. The approach also eliminates volatile organic compound emissions associated with traditional spray painting for these panels and shortens the coloring cycle from hours to minutes.

Cybercab’s paint strategy is clearly less about aesthetics than about systematically deleting capital-intensive, energy-heavy, and space-consuming steps once material science and process design make them unnecessary. It is a concrete example of Tesla applying first-principles questioning to one of the auto industry’s most entrenched factory requirements.

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Investor's Corner

Tesla has a Cybercab problem nobody saw coming

Tesla’s Cybercab line now builds robotaxis faster than Tesla can deploy them, Lars Moravy says.

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Tesla’s Cybercab line in Texas can now build the two seat robotaxi faster than the company can put it into service, according to Lars Moravy, Tesla’s Vice President of Vehicle Engineering. “We don’t run every day because the line can run so fast. It’s currently outpacing our deployments,” Moravy said in a new Cybercab deep dive from Munro Live. “So, it’s a bit of a race right now. Who’s going to go faster? Right now the manufacturing line’s ahead.”

Tesla’s official Robotaxi account shared a Cybercab analysis video on X on Monday, calling it a “Cybercab engineering deep dive.” Moravy’s comments go further than what he told analysts on the Q3 earnings call last week, when he said the Cybercab line’s listed capacity of more than 125,000 units a year undersells what it can actually run.

The tour shows where that speed comes from. Tesla’s unboxed process splits the Cybercab into front, rear, side and center modules that are built and tested on their own before they meet on a short final line. That final line has just 25 fully automated stations, which Tesla’s team estimated is a fifth to a tenth of what a Model Y needs. The full line is about 78% automated, the framing line is already at 100%, and the layout uses roughly 50% less floor space per vehicle. The stated goal is “100% automation in 10 second cycle time,” or one finished Cybercab every 10 seconds.

Tesla also deleted the paint shop. Only the side modules are coated, and the exterior panels get their color inside the molding machine. Engineers said the car is designed to run at least 500,000 miles, which matters for a vehicle that will spend most of its day carrying riders.

The battery got the same treatment. The Cybercab uses an 88S6P pack of 4680 cells in a steel enclosure, a first for Tesla, with each module potted separately so a single failed module can be swapped instead of the whole pack. Wireless battery management boards replace a wiring harness, and new contactors are fast enough to drop the pyro fuse entirely. Tesla’s battery director graded the pack an A minus, compared with a D for the Model Y structural pack and a B minus for Cybertruck. Up front, the drive unit runs an 11:1 gear ratio versus roughly 9:1 on most Teslas, since the Cybercab does not need a high top speed.

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The deployment side is now the bottleneck Moravy described. Tesla had more than 50 Cybercabs working the Formula 1 weekend in Austin, and Texas records show 463 Cybercabs registered. Tesla said on its earnings call that Cybercab service will launch in Dallas next month, and Moravy said the company is aiming to get Cybercabs to customers by the end of 2026. Every unit built so far has gone into Tesla’s own fleet since the line moved into volume production in April.

Munro Live also asked when it could get a Cybercab to tear down. Tesla’s answer: “Not yet.”

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