Tesla to pay portion of $13M personal injury settlement

Tesla Inc. avoided its first personal injury trial by agreeing to pay a portion of a $13 million settlement to a janitor severely injured at its factory as a result of a car accident.

The settlement, reached Friday, came as the electric car manufacturer was set to go to trial in Alameda County Superior Court against a factory worker left disabled as a result of being crushed by an 18-year-old employee who was on the job for less than 24 hours, according to the plaintiff’s attorney the Parris Law Firm.

Tesla, through a spokesperson, said its safety practices were not going to be an issue at trial, adding that a majority of the settlement would be paid by the staffing agency that provided the new worker, although Tesla did not disclose how much.

Plaintiff Teodora Tapia was mopping up a puddle of water at the company’s Fremont factory in 2014 when worker Joseph Aguilar sought to move a European version of a Tesla Model S and mistakenly drove into Tapia, crushing her lower extremities, according to the Parris firm.

Khail A. Parris, the plaintiff’s attorney, said the settlement will help the woman, who since the accident has been unable to work and provide for her family.

“Tesla must take greater care for its employees in the future, but we’re relieved our client will be able to care for herself for many years to come,” said Parris.

David R. Sidran of Sidran Law Group, who defended Tesla, did not respond to a request for comment.

Aguilar wasn’t certified to drive the car and was therefore unfamiliar with its different layout, said the plaintiff’s attorneys. Teodora Tapia v. Tesla Motors, HG16825911 (Al. Super. Ct., filed July 27, 2016).

“Nobody trained him how to drive a Tesla. He meant to put the car in reverse,” said R. Rex Parris, another of the woman’s attorneys.

A previous defendant in the case, West Valley Staffing Group, was dismissed from the lawsuit but agreed to be jointly liable for any verdict or settlement, the Parris team said. West Valley is a temporary staffing agency that hired Aguilar, according to the Parris Firm.

The jury was going to be tasked with only deciding compensation, if any, as the defendants had previously stipulated to liability.

The plaintiff was also represented by Parris Firm attorneys Bruce L. Schechter and Eric N. Wilson.