— The Hans Von Ohain Tesla crash lawsuit should allegedly be dismissed because Tesla did not cause the crash or the death of the 33-year-old Tesla employee.
The Hans Von Ohain Tesla wrongful death lawsuit alleges the Colorado man was killed because the Autopilot system in his 2021 Tesla Model 3 was defective.
The May 16, 2022, Tesla crash also involved a friend of Von Ohain's, Erik Rossiter, who was sitting in the Model 3 front passenger seat and told investigators that Autopilot was engaged at the time of the crash.
Mr. Rossiter was able to escape the vehicle.
Nora Bass, wife of Von Ohain, says her husband was killed because Autopilot malfunctioned and sent the Tesla off the road where it slammed into trees and caught fire.
"Decedent Hans Von Ohain fought to regain control of the vehicle, but, to his surprise and horror, his efforts were prevented by the vehicle’s Autopilot features, leaving him helpless and unable to steer back on course." — Hans Von Ohain Tesla lawsuit
The Colorado State Patrol released a 400-page crash report which said Von Ohain was driving drunk and had a blood-alcohol level three times the legal limit.
But the lawsuit alleges it was the Model 3 that caused the crash and death of Von Ohain.
"Had the Autopilot features of the 2021 Tesla Model 3 operated properly, the vehicle would not have veered off the road, collided with a tree, burst into flames, and Hans Von Ohain's gruesome and painful death would have been avoided." — Tesla lawsuit
Motion to Dismiss the Hans Von Ohain Tesla Crash Lawsuit
In its motion to dismiss, Tesla repeatedly denies the allegations in the Hans Von Ohain wrongful death lawsuit, telling the judge the 2021 Tesla Model 3 was never defective.
The vehicle met or exceeded all federal safety standards, and Tesla says it was not a "material element or substantial factor" in the death of Hans Von Ohain.
Tesla argues it had no control in the crash and death which were "caused by a superseding and/or intervening force."
According to the automaker, Von Ohain used the 2021 Tesla Model 3 in a manner other than which it was intended or in a manner that could not have been expected.
The vehicle passed all testing before it was sold, but the plaintiffs apparently failed to preserve evidence relating to the Model 3 and the crash.
Tesla argues the claims should be barred because of "spoliating" the evidence by not preserving it.
"The alleged injuries and/or damages in Plaintiffs’ Complaint, if any, were caused by the negligence, fault, misconduct, negligence per se, unlawful acts, breaches, violations, and/or omissions of Plaintiffs’ decedent and/or other persons or entities, which bars Plaintiffs’ claims or comparatively reduces Plaintiffs’ right to recover damages, if any, from Tesla." — Tesla's motion to dismiss the lawsuit
According to Tesla, there were no defects in the Autopilot system which caused or contributed to the crash.
The Hans Von Ohain Tesla crash lawsuit was originally filed in the District Court of Clear Creek County Colorado, but later transferred to the U.S. District Court for the District of Colorado: Nora Bass, et al., v. Tesla, Inc., et al.
The plaintiffs are represented by MLG Attorneys at Law.