The female owner of the roof rights was sentenced to publicly apologize to Tesla and compensate more than 170,000 yuan! Court: Ms. Zhang expressly admitted that the brake failure was her subjective judgment

National Business Daily

2024-05-30 20:07Posted on the official account of Sichuan Daily Economic News

Editor: Zhang Jinhe

On the afternoon of May 30, the first-instance verdict was pronounced in the case of Tesla (Shanghai) Co., Ltd. and Ms. Zhang's reputation dispute.

According to Xinmin Evening News, the reporter learned from Tesla that the case number is (2021) Hu 0118 Min Chu No. 17510, the plaintiff is Tesla (Shanghai) Co., Ltd., and the defendant is Ms. Zhang. On the afternoon of May 30, the Shanghai Qingpu District People's Court made a first-instance judgment in this case: Ms. Zhang publicly issued an apology statement and compensated Tesla (Shanghai) Co., Ltd. for various losses totaling 172275 yuan.

Ms. Zhang, a Tesla owner, was also a party to the "Shanghai Auto Show Incident" on April 19, 2021.

According to the judgment, the Shanghai Qingpu Court held that in this case, Ms. Zhang did not provide any evidence to prove that the vehicle involved in the case did have a brake failure, and she also clearly admitted that the brake failure asserted during the execution of the act involved in the case was her subjective judgment, and Tesla never admitted this fact. During the trial of the case, Ms. Zhang did not apply for a judicial appraisal of whether the vehicle involved in the case had brake failure, so according to the principle of who asserts the burden of proof, Ms. Zhang should bear the legal consequences of failing to provide evidence. In addition, according to the determination of the public security organs, the cause of the traffic accident involved in the case was that the outsider did not maintain a safe distance from the vehicle in front of him when driving the vehicle in question, which was sufficient to take emergency braking measures, so he was fully responsible for the accident. Therefore, Ms. Zhang's rash act without any objective basis to prove that the brakes of the vehicle involved in the case had failed constitute defamation. Ms. Zhang's defense that her conduct did not constitute defamation was rejected by the court.

The court said that Ms. Zhang, knowing that there was no conclusive basis, not only did she not pay attention to the objectivity and pertinence of her words when she made her remarks to the public, but deliberately chose the media of the Shanghai Auto Show to the Tesla booth area, made and wore a T-shirt printed with the words "brake failure" in advance, climbed on the roof of the exhibition car and shouted "Tesla brake failure", and deliberately used the on-site media to quickly and widely disseminate the untruthful information, and her words and deeds clearly had the subjective intention and fault of derogating the reputation of Tesla Shanghai. Ms. Zhang's defense that she was not subjectively at fault was rejected by the court.

Therefore, the Shanghai Qingpu Court rendered the aforesaid first-instance judgment.

According to The Paper, the dispute between Tesla Motors (Beijing) Co., Ltd. ("Tesla") and Feng Shiming over the right to reputation was heard and sentenced in the Qingpu District People's Court of Shanghai today. On the afternoon of May 30, it was learned from Tesla that Feng Shiming sued Tesla for a dispute over the right to reputation, and the court rejected all his claims; Tesla sued Feng Shiming for a dispute over the right to reputation, and the court ruled that Feng Shiming publicly issued an apology statement and compensated Tesla 250,000 yuan.

In this regard, Feng Shiming posted on Weibo: "Both cases were lost. Today, I will sort out the case and share it. It is reported that Feng Shiming is a senior car expert and car blogger.

On April 19, 2021, the first day of the Shanghai Auto Show, two Tesla owners, Ms. Xi'an Li and Ms. Zhang of Henan, wore clothing with the words "brake failure" to defend their rights at Tesla's booth, and one of the owners also stood on the roof of the car. Both owners claimed that the cause of the accident while driving the Tesla they purchased was a "brake failure."

At that time, this incident caused great concern. On the same day, Ms. Zhang from Henan Province was administratively detained by the Qingpu Branch of the Shanghai Municipal Public Security Bureau for disturbing public order, and Ms. Li from Xi'an was given an administrative warning.

Image source: Screenshot of the Red Star News video

Previously, Ms. Xi'an Li, the "No. 2 person" in Tesla's roof rights protection, also lost the lawsuit.

According to a report by Southern Metropolis Daily on November 22, 2023, the reporter learned from Tesla that recently, in the case of Tesla v. Shanghai Auto Show incident Xi'an female car owner reputation infringement case, the court made a first-instance judgment, finding that Ms. Li in Xi'an was legally liable for reputation infringement and must publicly apologize to Tesla and compensate for the loss of economic losses and rights protection costs of 2,000 yuan.

According to a report by Red Star News on November 22, the party Xi'an Ms. Li said that this is actually a second-instance judgment, and the first-instance judgment was made as early as December 2021, and the result was that Ms. Li won the lawsuit. Regarding the result of Tesla's victory in the second instance, Ms. Li said that she respects the court's judgment, but will reserve the right to apply for a retrial.

The daily economic news is synthesized from Xinmin Evening News, Southern Metropolis Daily, Red Star News, and The Paper

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