This case was last updated from PACER on 06/06/2021 at 07:55:29 (UTC).

Djemil et al v. Tesla Inc

Case Summary

On April 7, 2021, Hacene Djemil, Fatiha Djemil, Rania Djemil, and A.D., a minor, by and through his Guardian ad Litem Fatiha Djemil, (collectively, “Plaintiffs”) represented by Donald H. Slavik filed a personal injury lawsuit against Tesla Inc. (“Defendant”) seeking damages together with prejudgment and post-judgment interest for alleged physical injuries and emotional distress due to collision while driving Tesla automobile. This case was filed in the U.S. District Court for the Western District of California with Judge John C. Coughenour presiding. 

 

In the complaint, the Plaintiffs alleged that “the Model X vehicle experienced sudden uncommanded full power acceleration, causing it to surge forward across the sidewalk in front of the commercial businesses.” Furthermore, “As Tesla has moved further toward the goal of computer-guided driving, one of the problems that continues to manifest in Tesla vehicles is that they accelerate suddenly and without explanation, absent any driver direction or command. This is sudden uncommanded acceleration (“SUA”)”. Also, “The Model X vehicle does not automatically apply the brakes, or will stop applying the brakes, ‘in situations where you are taking action to avoid a potential collision.’ These situations include the driver turning the steering wheel sharply, pressing the accelerator pedal, or pressing and releasing (or pumping) the brake pedal” which leads to collision.”

 

Plaintiffs have further alleged that “Tesla’s failure to resolve the SUA problem in the Model X and its other vehicle models—or to at least mitigate the problem by building in a fail-safe braking mechanism to prevent collisions such as Plaintiffs’—is inexplicable. It is made worse by Tesla’s apparent response to simply blame the driver—a response consistent with other automobile manufacturers far less technologically advanced and savvy than Tesla. The circumstances described above have now led to the injuries alleged by the Djemil family, and an extremely close call that might have injured or killed innocent bystanders. Tesla must be held responsible for the damage caused and created by it's not-reasonably-safe vehicle.”

 

There is one cause of action laid down by the Plaintiffs. The alleged count is on the ground of Strict Product Liability as per Washington Revised Code § 7.72. The subject vehicle was not reasonably safe as designed and manufactured because, at the time of its manufacture, the likelihood that the product would cause the claimant's harm or similar harms, and the seriousness of those harms, outweighed the burden on Tesla to design a vehicle that would have prevented those harms and the adverse effect that an alternative design that was practical and feasible would have on the usefulness of the product, but rather, instead exposed the users of said product, and others, to serious injuries because of the failure of Tesla to properly guard and protect the users of the subject vehicle, and others, from the not reasonably safe design of said product.

 

In the prayer for relief, the Plaintiffs have requested the Court to award damages for the injuries suffered by the Plaintiffs, including but not limited to special damages for medical expenses, lost wages, and lost household services; and for their general damages for pain, suffering, embarrassment, emotional distress, disfigurement, disability, lost social opportunities lost enjoyment of life, and loss of consortium; along with any other consequential or actual damages, pre-judgment and post-judgment interest along with costs of litigation. 

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    3:21-CV-05251

  • Filing Date:

    04/07/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Motor Vehicle Product Liability

Judge Details

Presiding Judge

John C. Coughenour

 

Party Details

Plaintiffs

Rania Djemil

A. D.

Hacene Djemil

Fatiha Djemil

Defendants

Tesla, Inc.

Does 1 through 50

Tesla Inc

Attorney/Law Firm Details

Plaintiff Attorney

Donald H Slavik

Attorney at SLAVIK LAW FIRM, LLC

2834 Blackhawk Court

Steamboat Springs, CO 80487

Defendant Attorneys

James Karl Viehman

Attorney at BOWMAN & BROOKE LLP (TX)

5830 Granite Pkwy Ste 1000

Plano, TX 75024

John Arthur Tondini

Attorney at BYRNES KELLER CROMWELL LLP

1000 Second Avenue, 38Th Floor

Seattle, WA 98104

 

Court Documents

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1 More Documents Available
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Docket Entries

  • 05/26/2021
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  • Docket(#14) ORDER re #12 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney James Karl Viehman for defendant Tesla Inc, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(CDA) (Entered: 05/26/2021)

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  • 05/18/2021
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  • Docket(#13) APPLICATION OF ATTORNEY Amanda R. McKinzie FOR LEAVE TO APPEAR PRO HAC VICE for Defendant Tesla Inc (Fee Paid) Receipt No. AWAWDC-7089187 (Tondini, John) (Entered: 05/18/2021)

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  • 05/18/2021
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  • Docket(#12) APPLICATION OF ATTORNEY J. Karl Viehman FOR LEAVE TO APPEAR PRO HAC VICE for Defendant Tesla Inc (Fee Paid) Receipt No. AWAWDC-7089175 (Tondini, John) (Entered: 05/18/2021)

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  • 05/14/2021
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  • Docket(#11) CORPORATE DISCLOSURE STATEMENT indicating no Corporate Parents and/or Affiliates. Filed pursuant to Fed.R.Civ.P 7.1. Filed by Tesla Inc (Tondini, John) (Entered: 05/14/2021)

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  • 05/14/2021
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  • Docket(#10) ANSWER to #1 Complaint, by Tesla Inc.(Tondini, John) (Entered: 05/14/2021)

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  • 05/14/2021
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  • Docket(#9) NOTICE of Appearance by attorney John Arthur Tondini on behalf of Defendant Tesla Inc. (Tondini, John) (Entered: 05/14/2021)

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  • 05/06/2021
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  • Docket(#8) MINUTE ENTRY re: STATUS CONFERENCE. The attorney who will be responsible for trying the case, or that attorney's representative, should attend the conference and be prepared to discuss the following matters at the conference: 1. An estimate of the number of days needed for trial; 2. The date by which the case will be ready for trial; 3. Whether the parties intend to mediate per LCR 39.1 and, if so, when the parties expect to complete mediation; If counsel's office is outside of the Greater Metropolitan Seattle area, local counsel should attend on behalf of non-local counsel. If local counsel is unavailable, non-local counsel may make arrangements to participate telephonically in the conference by contacting the Courtroom Deputy Clerk at Gabriel_Traber@wawd.uscourts.gov at least TEN (10) DAYS in advance of the proceeding. Counsel do NOT need to file a Joint Status Report or Rule 26(f) Report in advance of the Status Conference. Counsel should plan on arriving 10-15 minutes early to check in with the Courtroom Deputy Clerk as the Court's calendar begins promptly at 9:00 a.m. COUNSEL OR THE PRO SE PARTY WHO FILED THIS MATTER SHALL IMMEDIATELY NOTIFY ALL PARTIES OF THE DATE AND TIME OF THE SCHEDULED STATUS CONFERENCE. Status Conference set for 8/31/2021 at 09:00 AM in Courtroom 16206 before U.S. District Judge John C. Coughenour. (GT) (Entered: 05/06/2021)

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  • 04/26/2021
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  • Docket(#7) AFFIDAVIT of Service of Summons and Complaint on Tesla, Inc. on 4/13/2021, filed by Plaintiffs Fatiha Djemil, Hacene Djemil, Rania Djemil. (Slavik, Donald) (Entered: 04/26/2021)

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  • 04/12/2021
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  • Docket(#6) ORDER REGARDING DISCOVERY AND DEPOSITIONS by U.S. District Judge John C. Coughenour. (GT) (Entered: 04/12/2021)

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  • 04/09/2021
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  • Docket(#5) Summons(es) Electronically Issued as to defendant(s) Tesla Inc. (SP) (Entered: 04/09/2021)

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  • 04/09/2021
  • DocketU.S. District Judge John C. Coughenour added. (SP) (Entered: 04/09/2021)

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  • 04/07/2021
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  • DocketNOTICE of Docket Text Modification re #2 Complaint, #4 Praecipe for a Summons, #1 Complaint, : Correct image of Complaint moved to Dkt #1 , Dkt #2 stricken as duplicate and duplicate filing fee refunded by Finance, Dkt #4 corrected link to docket entry for Complaint (CDA) (Entered: 04/07/2021)

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  • 04/07/2021
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  • Docket(#4) PRAECIPE TO ISSUE SUMMONS re #1 Complaint by Plaintiffs A. D., Fatiha Djemil, Hacene Djemil, Rania Djemil (Slavik, Donald) Modified on 4/7/2021 correct link to correct image of Complaint (CDA). (Entered: 04/07/2021)

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  • 04/07/2021
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  • Docket(#3) CIVIL COVER SHEET re #1 Complaint ; filed by Plaintiffs A. D., Fatiha Djemil, Hacene Djemil, Rania Djemil. (Slavik, Donald) (Entered: 04/07/2021)

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  • 04/07/2021
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  • Docket(#2) DISREGARDCOMPLAINT against All Defendants with JURY DEMAND (Receipt # AWAWDC-7031361), filed by Hacene Djemil, Fatiha Djemil, A. D., Rania Djemil.(Slavik, Donald) Modified on 4/7/2021 Image/ Document moved to Dkt #1 , fee refunded by Finance as this was a duplicate payment (CDA). (Entered: 04/07/2021)

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  • 04/07/2021
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  • Docket(#1) COMPLAINT against All Defendants with JURY DEMAND (Receipt # AWAWDC-7031314) Attorney Donald H Slavik added to party A. D.(pty:pla), filed by Hacene Djemil, Fatiha Djemil, A. D., Rania Djemil.(Slavik, Donald) (Main Document 1 replaced on 4/7/2021 with correct image of Complaint) (CDA). (Entered: 04/07/2021)

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