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A wrongful death lawsuit filed over the death of Edgar Monserratt Martinez in a Florida Tesla Model S crash has ended as jury members were being chosen for the trial.
The 2018 Tesla crash occurred after driver Barrett Riley, 18, had already been ticketed for driving 112 mph in a 50 mph zone. And on a separate occasion his parents caught him driving nearly 100 mph. Additionally, witnesses reported seeing him driving recklessly on empty parking lots.
However, his parents still allowed him to drive the Model S, but they asked Tesla for help in limiting the top speed of the car to 85 mph. A Tesla service center did activate a speed limiter on the Tesla, but Barrett took the vehicle back to Tesla and asked for the limiter to be removed, and it was.
The fatal May 2018 Tesla Model S crash occurred with Barrett Riley driving, 18-year-old Edgar Martinez in the passenger seat and an 18-year-old male in the back seat.
The National Transportation Safety Board investigated the Tesla Model S crash and determined Barrett Riley was driving 116 mph in a 30 mph zone. But an upcoming corner had an advised speed limit of 25 mph and a bright yellow flashing sign that warned about the 25 mph curve.
But Barrett tried to pass another car as his Model S entered the curve at 116 mph. He lost control and swerved into the right lane, struck and mounted the curb and hit a concrete wall on the passenger-side door. The out-of-control Model S then ricocheted off another concrete wall, completely spun around and went back across five lanes of traffic.
His Tesla Model S then hit a metal light pole which was split in half, with witnesses reporting flames coming from the car after it hit the second concrete wall.
The Tesla Model S crash killed driver Riley and passenger Edgar Martinez, while backseat occupant Alexander Berry survived after he was ejected from the Tesla.
Tesla Crash Lawsuit in Death of Edgar Martinez
More than seven years ago the family of front seat passenger Edgar Martinez filed a lawsuit against Tesla blaming the automaker for the crash and fire. Tesla responded by arguing no vehicle on the road could withstand the crash forces involved in the high-speed Model S crash.
But over the past seven years, and no matter what Tesla argued in court, the judge refused to dismiss the lawsuit and allowed it to finally reach trial. But with jury selection underway the judge announced the case was over and Tesla had been removed as a defendant the previous day.
In addition to suing Tesla, the Martinez family also sued the Tesla employee who removed the speed limiter and sued the parents of driver Barrett Riley. However, the case is over for all involved, but without explanation about any details or settlement terms.
“Things happen and sometimes things get resolved even as the jury is here.” — Judge David A. Haimes
A previous lawsuit filed by the father of Tesla driver Barrett Riley went to trial where a jury found the father himself 9% negligent and his son Barrett 90% responsible for the crash.
The jury found Tesla 1% negligent.
The Tesla Model S crash lawsuit was filed in 17th Judicial Circuit Court for Broward County: Edgar Monserratt, as Personal Representative of the Estate of Edgar Monserratt Martinez, v. Tesla, Inc. a/k/a Tesla Florida, Inc.
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