AutoBeta(AutoBeta.net)04/05 Report--

Today, Ms. Zhang, a party to Tesla's "roof protection case", posted a video on her personal Weibo and the progress of Tesla's civil lawsuit. In the video, Ms. Zhang said that the content of the video revealed the truth of the reputation rights case. and pointed out that Tesla global vice president Tao Lin said that her "refuse to accept testing", "only willing to high compensation" and "recent negative are all her contribution" and so on are untrue and are slanderous.

Ms. Zhang said in the video: "first of all, she refused to accept the test. When Ms. Tao Lin was interviewed by the media at the scene of the auto show, she pointed out that I did not accept the test and did not cooperate with the test. In fact, on March 9 last year, during the first mediation with the Tesla staff, Tesla designated an appraisal institution and told the country that it was the only one that could test. Subsequently, through understanding, it was found that this appraisal institution had business relations with Tesla. Another key problem is that unlike traditional fuel vehicles, intelligent new energy vehicles need complete data to detect, but Tesla does not provide complete data to car owners, directly let them do testing, will not identify the real cause of the accident at all. Under such circumstances, Ms. Tao Lin announced that I did not accept the test and did not cooperate with the test, which completely distorted the facts and misled public opinion. Second, Ms. Tao Lin said that I was only willing to pay high compensation, not to mention high compensation, and the amount was never mentioned during the whole mediation process. if any relevant amount was mentioned, I hope Ms. Tao Lin could produce evidence, if not, it was proved to be slandering me, fabricating facts and infringing upon my personal reputation. Third, I contributed all the negative news mentioned by Ms. Tao Lin. Before and after the incident of safeguarding her rights, there were frequent Intezra accidents all over the country, which caused numerous media reports and hot discussions on the Internet. It was unexpectedly said that I alone contributed to so many accidents. This partial generalization caused a large number of netizens to misunderstand me. All the false remarks made by Ms. Tao Lin above have also seriously damaged my personal reputation. Finally, I hope that the law can make a fair and just judgment. "

First of all, let's review the cause of the whole incident: on February 21, 2021, Tesla's car, Tesla Model 3, had a serious rear-end collision, resulting in her parents being injured and hospitalized. On March 9, a video of the car owner, Ms. Zhang, sitting on the roof of Tesla to safeguard her rights, sparked a heated discussion on the Internet. On April 19, 2021, on Media Day of the Shanghai Auto Show, Ms. Zhang, wearing a T-shirt emblazoned with the words "brake failure", appeared at the Tesla booth to defend her rights and shouted "Tesla brake failure". She was forcibly dragged away from the scene by security guards and was administratively detained for five days for disturbing public order. Since then, Ms. Zhang has engaged in a fierce confrontation with Tesla on the vehicle issue, and Tesla's series of responses have also aroused widespread concern.

On May 6, 2021, Ms. Zhang submitted a civil complaint to the people's Court of Beiguan District of Anyang City through legal channels. Ms. Zhang believed that some of the remarks made by Tesla and Tao Lin, vice president of foreign affairs of Tesla, infringed upon their right of reputation. therefore, Ms. Zhang demanded that the relevant personnel be investigated for legal responsibility in accordance with the law and claimed 50, 000 yuan in compensation for mental damage from Tesla. On May 21, 2021, Tesla countersued Ms. Zhang for infringing the right of reputation and filed a case in the people's Court of Qingpu District, Shanghai. On August 14, 2021, Ms. Zhang received a written consultation on pre-litigation mediation sent by the Shanghai Qingpu District people's Court. Tesla asked Ms. Zhang to issue an apology on the media and Weibo for infringing her reputation rights at the Tesla booth of the Shanghai Auto Show in April, as well as a compensation of 5 million yuan. The case has not yet been heard.

As for Tesla's counterclaim, Ms. Zhang said that the Tesla incident had brought her a lot of negative effects, and the mental damage compensation that Ms. Zhang had asked the other party to pay would also rise from 50, 000 yuan to 500000 yuan, which was supported by the court. On December 24, 2021, the case of Ms. Zhang, the owner of Tesla's car roof, suing Tesla's reputation rights dispute was held in the people's Court of Beiguan District, Anyang City, Henan Province. The first trial of the case was held, but the case was not pronounced in court. Ms. Zhang said on behalf of the lawyer that the court will pronounce the verdict at a fixed time, and it is not possible to judge the result at present, and it is believed that the court will make a fair judgment. In response to this trial, Tesla staff also replied: "We will actively respond to the lawsuit and respect the judicial judgment. Before that, we do not want to have too much interference and mislead public opinion."

In response to the brake failure, Ms. Zhang submitted materials to the court in July 2021, but there has been no progress due to the problem of the jurisdiction of the court. In August 2021, Ms. Zhang submitted a written request to the State Administration of Market Supervision and Administration to investigate the brake failure and received a reply that "the case has been filed", but because of the complexity of the case, it will take longer to get feedback. According to a message posted by Ms. Zhang on her personal social platform, as of April 2 this year, Ms. Zhang has filed a lawsuit without any substantive results. Friday, April 8 is the time limit for the case (the time limit for the court to conclude the case).

It is understood that the above-mentioned honorary infringement case is not Tesla's first experience. The automobile industry has also reported cases of reputation infringement between Tesla and car owners in the past. On June 9 last year, Tesla sued Wenzhou car owner Chen on the grounds of maliciously slandering Tesla. At the same time, he asked for 500000 yuan in damages for infringement. On September 27, the female car owner of the Shanghai auto show claimed that she had also been claimed 5 million yuan by Tesla, also because of the reputation dispute in Tesla. With regard to the infringement of reputation sued by Ms. Zhang, a party to the above-mentioned Tesla female car owner's "car roof rights case," the court accepted whether some of Tesla's remarks in this incident infringed his reputation. Specifically, it also needs to see whether the evidence submitted by the plaintiff to the court is recognized and recognized. As the trial limit of this case is temporary, or there will be a result soon. We will also continue to pay attention to the follow-up progress.

Welcome to subscribe to the WeChat public account "Automotive Industry Focus" to get the first-hand insider information on the automotive industry and talk about things in the automotive circle. Welcome to break the news! WeChat ID autoWechat