Ms. Zhang, a party to the "roof rights protection case" of Tesla's female owner, posted a video on her personal Weibo to publish the progress related to Tesla's civil litigation case. In the video, Ms. Zhang said that the content of the video revealed the truth of the right to reputation case, and pointed out that Tesla's global vice president Ms. Tao Lin said that she "refused to accept testing", "only willing to pay high compensation" and "the recent negatives are all contributed by her" and other claims are not true and are slanderous.
Ms. Zhang stated in the video: "First of all, the first point refuses to accept testing, Ms. Tao Lin pointed out in an interview with the media at the auto show site that I do not accept the test and do not cooperate with the test, the fact is that on March 9 last year, when I first mediated with Tesla staff, Tesla designated an appraisal agency and told the only appraisal agency in China that it can be tested, and then through understanding, it was found that this appraisal agency has business dealings with Tesla. Another key problem is that unlike traditional fuel vehicles, smart new energy vehicles need complete data to detect, but Tesla does not provide complete data to car owners, directly let them do the test, and will not identify the real cause of the accident at all. In this case, Ms. Tao Lin announced that I do not accept the test and do not cooperate with the test is completely distorting the facts and misleading public opinion.
The second Ms. Tao Lin said that I am only willing to pay high compensation, let alone high compensation, the amount has never been mentioned in the whole mediation process, if any relevant amount has been mentioned, I hope that Ms. Tao Lin can come up with evidence, if there is no evidence, it will prove that it is slandering me, fabricating facts, and infringing on my personal reputation. The third Ms. Tao Lin said that the negative news is my contribution, before and after its rights protection incident, the tesla accidents across the country are frequent, causing countless media reports and network hot discussions, before and after so many accident reports, actually said that I contributed alone, this kind of partial generalization caused a large number of netizens to misunderstand me. All of Ms. Tao Lin's false remarks above have also seriously infringed on my personal reputation. Finally, it is hoped that the law will be able to make fair and just judgments. ”
Here is a review of the cause of the whole incident: on February 21, 2021, Tesla Motors advocated that the lady's Tesla Model 3 had a serious rear-end collision, resulting in her parents being injured and hospitalized. On March 9, a video of a car advocate sitting on the roof of a Tesla car to defend her rights sparked a heated discussion on the Internet. On April 19, 2021, on the media day of the Shanghai Auto Show, Ms. Zhang appeared at the Tesla booth wearing a T-shirt printed with the words "brake failure" to defend her rights and shout "Tesla brake failure", and then was forcibly dragged away from the scene by security guards and administratively detained for 5 days for disturbing public order. Since then, Ms. Zhang and Tesla have had a fierce confrontation on the issue of vehicles, and Tesla's series of responses have also aroused widespread concern.
On May 6, 2021, Ms. Zhang submitted a civil complaint to the Beiguan District People's Court of Anyang City through legal channels, and Ms. Zhang believed that some of the remarks of Tesla and Tesla Vice President of External Affairs Tao Lin violated her right to reputation, so Ms. Zhang requested that the legal responsibilities of relevant personnel be investigated according to law and claimed 50,000 yuan in moral damages from Tesla. On May 21, 2021, Tesla counterclaimed Ms. Zhang for infringement of her right to reputation and filed a case at the Qingpu District People's Court in Shanghai. On August 14, 2021, Ms. Zhang received a pre-litigation mediation opinion inquiry letter from the Shanghai Qingpu District People's Court, and the Tesla side requested Ms. Zhang to issue an apology statement on the media and Weibo for the infringement of her right to reputation at the Tesla booth of the Shanghai Auto Show in April, and at the same time claimed 5 million yuan, and the case has not yet been heard.
For Tesla's counterclaim, Ms. Zhang said that the Tesla incident brought her a lot of negative effects, and the moral damage compensation that Ms. Zhang had previously asked the other party to pay would also rise from 50,000 yuan to 500,000 yuan, and won the support of the court. On December 24, 2021, the Tesla roof rights defender woman sued Tesla for the right to reputation dispute case was heard at the Beiguan District People's Court in Anyang City, Henan Province, and the first instance trial of the case began, but the case was not pronounced in court. Ms. Zhang's lawyer said that the court will announce the judgment at a later date, and it is not yet possible to judge the results, and believes that the court will make a fair judgment. In response to the trial, Tesla staff also replied at that time: "We will actively respond to the lawsuit, respect judicial adjudication, and do not want to interfere too much before this, causing misleading public opinion." ”
In response to the failure of the brakes, Ms. Zhang submitted materials to the court in July 2021, but due to the issue of the court's jurisdiction, there has been no progress. In August 2021, Ms. Zhang submitted written materials to the State Administration for Market Regulation to investigate the brake failure incident, and received a reply saying that "the case has been filed", but due to the complexity of the case, it will take longer to have feedback. According to the news posted by Ms. Zhang on her personal social platform, as of April 2 this year, Ms. Zhang's lawsuit has not yet yielded any substantive results, and April 8 (this Friday) is the trial limit of this case (the time limit for the court to conclude the case).
It is understood that the above-mentioned reputation infringement case is not the first time Tesla has experienced it. The automotive industry has also reported on the reputation infringement case between Tesla and the owner of the car in the past, on June 9 last year, Tesla took Wenzhou car owner Chen mou to court on the grounds of maliciously slandering Tesla, and at the same time put forward a claim for 500,000 yuan of infringement damages; on September 27, the female owner of the Shanghai Auto Show said that she was also claimed 5 million yuan by Tesla, the reason is also due to Tesla's reputation right dispute. As for the defamation infringement sued by Ms. Zhang, a party to the above-mentioned Tesla female owner's "roof rights protection case", the court accepted the fact that Tesla had infringed on the reputation of some of tesla's remarks in this incident, and it also depends on whether the evidence submitted by the plaintiff to the court is recognized and recognized. With the provisionality of this case, there may soon be a result. We will also continue to pay attention to the follow-up progress. (Source: Automotive Industry Concern)