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Pregnant woman hit by MX (out of main)

Discussion in 'Model X' started by JohnDinger, May 28, 2019.

  1. JohnDinger

    JohnDinger Banned

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    Wow... A friend just emailed me this brutal lawsuit: https://www.plainsite.org/dockets/3yygt6grn/superior-court-of-california-county-of-alameda/harcourt-v-tesla-inc/

    Model X spontaneously accelerated into a pregnant woman in her garage and pinned her against the wall.

    No one was in the drivers seat. Neighbors ran over and couldn't get the car to stop or reverse.

    She had to prematurely deliver her child through a broken pelvic bone.



    I've seen the FUD on spontaneous accelerations but always assumed it was a stupid or absent driver.

    First time I've ever heard of a case with no one in the driver's seat.
     
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  2. mongo

    mongo Well-Known Member

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    Bull feathers. Her 2 year old was in the driver's seat.
    driverSeat.PNG
    Wrong again, she told them how to put it in reverse. Did you even read the filing?
    seat2.PNG
     
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  3. Nocturnal

    Nocturnal Active Member

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    #3 Nocturnal, May 28, 2019
    Last edited: May 28, 2019
    The old tanks probably needed to be replaced.
    I can't seem to find info on this elsewhere.

    Edit. The claim is that the 2 year old was in the driver's seat. It is possible that she left the car in drive with creep off and her kid hit the accelerator. Your post is inaccurate on several points.

    If mystery accelerations were common then wouldn't be have members reporting them? Awful story either way. I can't imagine going through that. Is it normal for a child named in a lawsuit to be granted a guardian ad litem?
     
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  4. tschmidty

    tschmidty Member

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    Just so no one else believes this bullshit, her kid climbed in the drivers seat at which car moved forward. Neighbors came over and couldn't figure out how to stop the car so she had to explain how to do it for them.

    Some legitimate concerns here but this is pretty blatant fud.
     
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  5. Unpilot

    Unpilot I would rather spend my remaining time Helping

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    That's not why he posted it....clearly he/she is "concerned" about Tesla/S
     
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  6. tracksyde

    tracksyde Member

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    That shows you how un-newsworthy this lawsuit is.. and in our current climate, that's saying a lot!

    Filing a product liability lawsuit because your 2 year old jumped in the driver seat and made the car move forward is weak at best.
     
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  7. Pezpunk

    Pezpunk Member

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    looking over your history, you have never once posted anything that wasn't a blatant concern troll. "golly gee guys, i'm really worried about this bad thing here that i'm completely and utterly misrepresenting!"

    you are clearly an outright liar acting in bad faith here.
     
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  8. tschmidty

    tschmidty Member

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    Yeah the repeated 'told her it was the safest car ever' repeated in the filing is pretty funny.
     
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  9. Nocturnal

    Nocturnal Active Member

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    If it had merit, I can't imagine a 2 week old wrongful death lawsuit NOT being all over the media.

    The thing about the child being granted a guardian is really odd. Why wouldn't the mother be acting in this area? I wish the other documents were viewable. I'm very suspicious on this one.
     
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  10. JRP3

    JRP3 Hyperactive Member

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    You should be banned for spreading such blatant lies. I've reported your post.
     
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  11. tschmidty

    tschmidty Member

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    There was no death.Guardian is just the legal terminology in this case.
     
  12. kyzhk

    kyzhk Member

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    It's actually funny how you misrepresented two pieces of information right from the first 2/3 pages of filing.

    - a 2 year old was in the driver seat.
    - the neighbor did not know how to put the car in reverse / stop, the plaintiff had to tell them how in order to get her out.

    The only merit that the lawsuit may have is whether the car was accelerating despite in park mode.

    Hope Tesla is able to retrieve the logs from the car and see what happened

    1) was there positive input from the acceleration pedal at the time of incident (if I remember correctly, they have redundant system in sensing pressure application on acceleration pedal),

    2) was the car actually in park mode?

    That would depend whether they notify Tesla right after incident. The logs if existed would have been flushed periodically.
     
  13. Nocturnal

    Nocturnal Active Member

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    It states that a guardian was appointed for the 2 year old. Maybe that's normal for minors party to a lawsuit, but that doesn't sound right.
     
  14. JohnDinger

    JohnDinger Banned

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    But the car was off? And in park?

    How does a 2 year old turn it on and put it in drive?
     
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  15. neroden

    neroden Model S Owner and Frustrated Tesla Fan

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    It is normal, it's called a "guardian ad litem", a guardian for court & lawsuit purposes (as opposed to for other purposes).
     
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  16. MarcusMaximus

    MarcusMaximus Active Member

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    From what I can gather, she claims the car was in park, not off(off being actually going into the system menu and turning the entire car off, which would be weird). Of course, if she was wrong about that, or if the 2y/o accidentally put it in drive...
     
  17. Nocturnal

    Nocturnal Active Member

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    Ok. I was just curious. With my custody/divorce case our children were not appointed a guardian ad litem as we did not dispute custody. Seemed odd with this one but I've never been party to a civil suit.

    Barring an equipment failure that would require pressing the pedal as well. It's possible, but that's a lot for a 2 year old to do. That's why I'm leaning towards it having been left in D with creep off so she just thought it was parked.
     
  18. Unpilot

    Unpilot I would rather spend my remaining time Helping

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    For some reason I prefer a straight up troll to a "concern/ care bear" troll.
    I just feel better when someone is at least honest with their trolling.
     
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  19. Matias

    Matias Active Member

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    If I understand the case, Model X didn’t “spontaneously” accelerate, the two years old child was on the drives seat?

    Child probably put the car on “D” and it creeped forward.
     
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  20. mongo

    mongo Well-Known Member

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    What is a lot? The only difficult thing would be keeping the seat sensor happy while pulling the gear stalk down and pressing the pedal. However, if there were an object on the seat (part of the unloading process), then it is even easier.

    The car will engage the parking brake if the seat belt is not fastened and the driver's seat weight sensor is not happy. Many find this out when they shift weight to look over their shoulder while reverse with their belt unfastened. So being in drive the entire time would be difficult.
     
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