Don't know the facts on this one whether driver error, road conditions or "Tesla's fault" ...
http://www.courthousenews.com/wp-content/uploads/2017/06/Tesla-Braking-Complaint.pdf
"36. On April 7, 2017, at approximately 9:15 pm, Plaintiff Roy A. Wiseman was traveling on State Route 36 East, between Martin, CA and Chester, CA.
As Plaintiff reached higher elevation, it began to snow. Plaintiff slowed down the Subject Vehicle for safety purposes.
At or about 9:30 pm, Plaintiff reached a location where the road was curving to the right. Deciding to slow down even more to accommodate the curve in the snowy conditions, Plaintiff removed his foot slightly off accelerator of the Subject Vehicle.
As Plaintiff released the accelerator, the regenerative braking system kicked in and applied negative torque to the wheels of the Subject Vehicle. In an instant, Plaintiffs’ vehicle slid off the road, heading down the mountainside, crashing into trees and branches.
Plaintiff and his passenger remained in the Subject Vehicle stranded in the snow for more than an hour waiting and seeking help. The Subject Vehicle was severely damaged.
37. Had Plaintiffs known that the regenerative braking system and/or the regen control system of the Subject Vehicle was flawed they would not have purchased the Subject Vehicle, would not have used the Subject Vehicle in winters and would have paid substantially less for the Subject Vehicle, or would have purchased another luxury SUV from Tesla’s competitors."
I think
MarcusMaximus has an excellent point that the plaintiff could control the pedal to any desired speed: faster, slower, or as plaintiff demanded "coasting".
I don't know whether article has a typo or not, $2.3 billion is a lot for not learning to control the accelerator pedal!