On December 24, the Beiguan District People's Court in Anyang City, Henan Province, held a trial of the female owner of the roof of the Shanghai Auto Show Station, suing Tesla and Tesla's global vice president Tao Lin in a dispute over the right to reputation.
During the trial, both parties expressed their respective opinions and provided corresponding evidence, both sides said that they would wait for the judicial fair judgment, the trial experienced nearly 6 hours of intense debate, the case was not pronounced in court.
It is reported that Tesla counterclaimed the female owner in August this year, demanding that the female car owner compensate for the loss of the right to reputation of 5 million yuan, in this context, the female owner requested the other party to pay moral damages from 50,000 yuan to 500,000 yuan.
On December 29, the woman advocate of the female car also spoke out on the online platform, revealing more details of the trial.
Ms. Zhang said: The "Tesla brake failure" case that netizens are most concerned about is still being handled by the General Administration of Quality Supervision, Inspection and Quarantine and the court, and the quality problem she herself will not give up is also the core of the case.
The prosecution of Tesla and Tao Lin for reputation infringement is because such cases are filed faster and are the first to be tried.
Before the trial began, Tesla staged a "wonderful operation", Tesla conveyed the appeal through the judge that "if the female owner agrees to withdraw the lawsuit, Tesla will also withdraw the lawsuit against the case of 5 million yuan", and the female owner did not hesitate to refuse.
In addition, during the trial, Tesla's brake system is a pure mechanical structure, and third-party testing agencies can detect it.
However, the female car owner asked in court what Tesla claimed to be a third-party testing agency with forensic qualifications? Tesla didn't answer.
Regarding the infringement of reputation, the female owner provided more than a dozen pieces of evidence to the court, but Tesla only provided an incomplete call, saying that there was a Beijing auto media at the time, and Tesla discouraged it. Tesla wants to use this to prove that there are people behind it, female owners are very professional, someone directs and so on.
At the same time, Tesla said that the female owner demanded high compensation from it and mentioned her claim. But this appeal, Tesla did not provide to the court as evidence.
This is because there is no claim for high compensation in this statement of claim, and it is clearly stated that reasonable compensation is made.
On February 21, 2021, Ms. Zhang's Tesla car had a crash, and it was Ms. Zhang's father who was driving the vehicle at the time, and the traffic police determined that Ms. Zhang's father was fully responsible for the accident. In this regard, Ms. Zhang believes that it is caused by the "brake failure" of Tesla motors, and has repeatedly gone to Tesla's Zhengzhou store to defend her rights.
On April 19, Ms. Zhang wore a T-shirt printed with the "brake failure" and Tesla logo at the Tesla booth to defend her rights, which attracted public attention. Subsequently, the two sides sued each other - Tesla sued Ms. Zhang for violating the right to reputation, demanding a public apology and compensation for the direct property losses caused to Tesla by the incident "provisionally 5 million yuan"; Ms. Zhang also sued Tesla and Tesla's global vice president Tao Lin for infringement of the right to reputation.
In addition, for the netizens' questions, her father, as a driver, has almost no problems in the process of rights protection.
The female owner explained that since the outbreak of public opinion, she has received some negative comments every day, so she does not want her family's life and work to be disturbed too much unless it is a necessary part of the court.
Finally, for the self-media that is spreading rumors about the rights of female car owners themselves, I will use legal weapons to protect my rights and interests.