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Tesla does not end Florida lawsuit regarding fatal Model S crash

Tesla has failed to convince a federal court to dismiss a lawsuit filed by a woman who died after a Model S equipped with Autopilot ran off the road at Key Largo in Florida. This could lead to a trial next month.

U.S. District Court Judge Beth Bloom said that the estate of Naibel and Dillon Angulo may bring design defect and failure-to-warn claims against Elon Musk's billionaire automaker and seek punitive damage.

The trial for July 14 has been scheduled. Tesla's lawyers and plaintiffs have not responded to comments made by the media.

Tesla, located in Austin, Texas has faced many questions regarding the safety of their self-driving technologies.

The company has stated that its features are intended for "fully-attentive" drivers who hold the steering wheel and do not make the vehicles autonomous.

The lawsuit relates to an incident that occurred on April 25, 2019, when George McGee drove a 2019 Model S, at 62 mph through an intersection and into the victims' Chevrolet Tahoe parked in a side-by-side position.

McGee reached down to grab a phone he had dropped on the floorboard of his car, but allegedly did not receive any alerts while he was running a stop sign, stop light, and hitting the SUV that struck the victims.

Angulo was said to have suffered serious injuries while Benavides Leon reportedly died after being thrown 75 feet.

Bloom stated that the plaintiffs had provided sufficient evidence to show that Autopilot defects played a "substantial role" in their injuries.

McGee is not a defendant but he admitted that he did not drive safely. However, this does not make him the solely responsible party, especially given McGee’s testimony that Autopilot would have prevented the accident, the judge wrote.

Bloom explained that the claim of failure to warn survived partly because Autopilot's potential risks may be difficult to extract from an owner's guide on the Model S touchscreens.

The judge dismissed claims of manufacturing defects and negligent misrepresentation.

Benavides v Tesla Inc. is a case before the U.S. District Court for the Southern District of Florida. 21-21940. Reporting by Jonathan Stempel, New York; Editing by William Maclean

(source: Reuters)