California Judge Tentatively Orders 3-Hour Deposition of Elon Musk in Tesla Autopilot Lawsuit, Shedding Light on Safety Claims

A California judge has tentatively ordered Tesla CEO Elon Musk to be interviewed under oath about statements he made regarding the safety and capabilities of Tesla’s Autopilot features. The ruling came in a lawsuit filed by the family of Walter Huang against Tesla in Santa Clara Superior Court. Huang was killed in a car crash in 2018, and his family argues that Tesla’s partially automated driving software failed.

Plaintiff attorneys sought to depose Musk regarding recorded statements that tout the capabilities of Autopilot, including a 2016 statement where Musk allegedly said, “A Model S and Model X, at this point, can drive autonomously with greater safety than a person. Right now.”

Tesla opposed the request, arguing that Musk cannot recall details about the statements and is the subject of deep fake videos and audio recordings that purport to show him saying and doing things he never actually said or did. However, Judge Evette Pennypacker tentatively ordered a limited, three-hour deposition where Musk could be asked whether he actually made the statements on the recordings. Tesla’s arguments were called “deeply troubling” by the judge.

California judges often issue tentative rulings, which are then finalized after a hearing with few major changes. The lawsuit is scheduled to go into trial on July 31, adding to growing legal and regulatory scrutiny over Tesla’s Autopilot system.

In a previous trial, a California state court jury found Tesla’s Autopilot feature did not fail in what appeared to be the first trial related to a crash involving the partially automated driving software. Nonetheless, the crash of Walter Huang has been a major controversy for Tesla and the safety of autonomous driving.

The deposition of Elon Musk may provide insight into the company’s responsibility for the crash and its claims about Autopilot technology. Tesla and an attorney for Huang’s family did not immediately respond to a request for comment. This development is certainly one to watch for those interested in the future of autonomous driving technology.

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