After 8 months, the tesla female owner's roof rights protection case has made waves again.
At 9:00 a.m. on December 24, the case of the "roof rights protection" female car claimant woman suing Tesla for the right to reputation dispute was heard as scheduled at the Beiguan District People's Court in Anyang City, Henan Province.
The plaintiff, Tesla Motors, claimed that the lady appeared at 8:30 this morning.
"Finally, the day of the public trial has come." Ms. Zhang told the Shanghai Securities News reporter that she hoped that Tesla and Tao Lin, vice president of Tesla China, would publicly apologize.
For this case, Tesla staff also replied to reporters before the trial: "We will actively respond to the lawsuit and respect judicial decisions." ”
The reporter learned that after nearly 6 hours of heated debate between the two sides, the case was not pronounced in court.
Whether it constitutes defamation infringement is the focus of dispute
After nearly 6 hours of fierce debate, at about 3 p.m. on the 24th, Ms. Zhang and her lawyer Fu Jian walked out of the court.
In an interview with the media, Ms. Zhang revealed that the focus of the trial was "whether tesla's side infringed on its reputation." Around the above focus, the two sides have presented evidence many times.
Ms. Zhang introduced that in April, Tesla vice president Tao Lin said in an interview with the media: "The recent negatives are all contributed by her (referring to the plaintiff)", "only willing to pay high compensation", "must insist on high compensation", "I think she is very professional, there should be (people) behind her".
According to the investigation, on April 28, Tesla (Shanghai) Co., Ltd.'s official Microblog "Tesla" posted that Ms. Zhang's husband said that "there is a 'team' from Beijing around her to assist, and in 'cooperation' with others, people can only obey, and the 'team' said that it can help her 'whitewash' and meet its demands..."
Ms. Zhang believes that in the absence of any evidence, the above content has had a serious impact on her and her family's work and life. Therefore, Ms. Zhang requested the court to order the defendant to immediately stop the infringement of the plaintiff's right to reputation and eliminate the impact, to apologize in writing to the plaintiff, and to publish an apology to the plaintiff in the national media, and at the same time publish a written apology letter to the plaintiff on her official Weibo (Weibo was at the top for 30 consecutive days), and pay her corresponding moral damages.
After Ms. Zhang sued, Tesla also counterclaimed Ms. Zhang in August this year, and demanded that Ms. Zhang compensate for the loss of the right to reputation of 5 million yuan. In this context, Ms. Zhang requested that the other party pay moral damage compensation from 50,000 yuan to 500,000 yuan.
For the evidence presented by Tesla, Ms. Zhang did not make too many statements. In addition, the representatives of the Tesla side who participated in the trial did not accept media interviews.
Hope to get during the accident
Complete driving data
Looking back at the incident, on February 21 this year, Ms. Zhang's Tesla Model 3 had a crash. At that time, ms. Zhang's father was driving the vehicle, and the accident was judged by the traffic police to be the driver's full responsibility. In this regard, the female owner believes that the Tesla car "brake failure", and for this reason, she has repeatedly gone to the Tesla Zhengzhou store to defend her rights.
At the Shanghai Auto Show on April 19, Ms. Zhang wore a dress printed with the words "brake failure," stood on the roof of a Tesla booth, and shouted "Tesla brake failure." Ms. Zhang was subsequently placed under administrative detention.
On April 22, the relevant person in charge of the Zhengzhou Zhengdong New District Market Supervision Bureau ordered Tesla Auto Sales Service (Zhengzhou) Co., Ltd. to provide relevant data to consumers unconditionally.
On the same day, Tesla had released data 1 minute before the accident. The data shows that the cause of the crash is that the driver is driving too fast and braking late. Ms. Zhang questioned the concealment and inadequacy of the data and asked Tesla to provide complete data.
On May 6 this year, Ms. Zhang and her husband filed a civil complaint with the Beiguan District People's Court in Anyang City. Ms. Zhang claimed that Tesla and its vice president Tao Lin infringed on her personal reputation rights, and the Tesla side repeatedly made statements contrary to the facts such as "the owner has a team to assist in defending his rights and demanding high compensation" without any evidence.
Today, Ms. Zhang said that because she has not yet obtained all the information of the driving record, in addition to filing a reputation infringement lawsuit first, she also hopes to obtain the complete driving data at the time of the accident.
Tesla female owners responded to questions
In response to the case, Ms. Zhang told reporters that according to the SPC's interpretation of the right to reputation, consumers have the right to criticize and evaluate the goods they purchase and the services they receive, and their own experience is also an objective fact, believing that the law is fair.
"It is to be a truth, if (the car) has hidden dangers, to find out and face it and correct it, which is a good thing for consumers and car companies." Ms. Zhang said that was the reason why she insisted on defending her rights.
In response to the question of whether there is anyone behind the rights protection, Ms. Zhang said that the Shanghai police have proved that the rights protection is a personal act and has nothing to do with any individual or brand.
Although the trial was held in public today, the verdict in the case was not pronounced in court.
Edit: Quan Zeyuan
Video: Yiting Yu
Proofreader: Feng Wenjun
Photo editor: Zhao Yanyi
Producer: He Yongxin
Editor-in-charge: Shao Ziyi
Guo Chenxi
Producer: Pu Hongyi
Issued: Pan Linqing