Tesla to Face Litigation Over Fatal 2018 Accident

May 10, 2022 / 6:25 am

Up until recently, Tesla has not been subject to much noteworthy litigation. That is set to change. A Florida judge has recently decided that, despite Tesla’s request for dismissal, a case involving deaths potentially resulting from a design flaw in a Tesla vehicle can move forward.

The Background of Tesla’s Upcoming Jury Trial

In 2018, 18-year-old Barrett Riley was driving his father’s Tesla Model S when he reached a speed of 116 mph. Accompanying Riley was his friend, Edgar.

At some point, Riley lost control of the vehicle and crashed into a residential concrete wall in Fort Lauderdale. Upon colliding with the wall, the vehicle caught fire, resulting in the deaths of both Riley and his friend.

Riley’s father, James, took legal action, filing a product liability suit in Florida federal court approximately two years after the accident occurred. According to Riley’s suit, there is reason to believe his son would have survived the crash had the vehicle’s lithium-ion batteries not caught fire. The suit is based on the belief that the batteries caught fire as a result of a defect.

Additionally, James Riley alleges that his wife had asked for a speed-limiting device to be installed, but that it had been removed from the vehicle. This speed limiting device would have prevented the vehicle from traveling at speeds in excess of 85 mph. Curt Miner, an attorney with Colson Hicks Eidson who is representing the family, has stated “We very much look forward to proceeding to trial in this important case against Tesla.”

Tesla’s Response

Tesla’s initial reaction to the suit was to request that it be dismissed. This request was not granted. U.S. Magistrate Judge Alicia Valle determined there was sufficient evidence indicating Tesla negligently removed or handled the speed limiting device and that the battery genuinely was defective or improperly designed.

Tesla also argued that the speed limiting device was removed upon the request of Barrett Riley himself. Additionally, the company has argued that it is not uncommon for vehicles to catch fire when they are involved in collisions. Tesla’s argument is that the family has not offered any proof that a defect was the cause of the fire that resulted from this particular crash.

However, the Magistrate Judge found that Tesla had allowed the speed limiting device to be removed without the consent of Barrett Riley’s parents. They also had not been provided with notice that the speed limiter had been removed.

To illustrate to a jury that the battery in their Model S was defective, the Rileys have retained the services of an expert who will testify that the absence of certain fire-retardant materials allowed the fire to spread and claim the lives of both Riley and his friend Edgar. It is worth noting that the National Transportation Safety Board reviewed the accident and arrived at the conclusion that the two young men lost their lives due to the fire and not necessarily the crash. A passenger in the rear of the vehicle who was not wearing their seatbelt was ejected as a result of the collision, but they survived despite sustaining multiple fractures.

Contact a Miami Car Accident Attorney

Tragedies such as this serve as reminders that car designers and manufacturers must be held accountable when design flaws result in harm or death. If you have been involved in a motor vehicle accident that you believe may have been caused by a defect or design flaw, get in touch with a Miami car accident attorney at Colson Hicks Eidson to discuss pursuing any compensation for which you may be eligible. Contact us online or call us at 305-476-7400 to schedule your case review.

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Colson Hicks Eidson is thrilled to announce that Managing Partner, Dean Colson, has been named in the 2025 Lawdragon 100 Managing Partners Guide. Lawdragon selected attorneys based on their roles in growing, leading, and innovating their firms.

Dean is renowned as a top trial lawyer in the U.S. with 40 years of experience in complex civil litigation, personal injury, product liability, and professional malpractice. He has successfully represented large plaintiff classes and handled multimillion-dollar cases, including high-profile litigation such as the AeroPeru airplane crash and a Ponzi scheme settlement.

Dean has demonstrated a strong commitment to community service through various leadership roles. He has been actively involved with the Institute of Contemporary Art in Miami, supporting access to the arts. He’s also been president of the Orange Bowl Committee and chaired the Super Bowl XXIX Host Committee. He served on the Florida Commission on Ethics and chaired the Florida Supreme Court Judicial Nominating Commission. He previously served as President of the Dade County Bar Association and as a distinguished member of the Florida Bar Board of Governors. Most recently, the Coral Gables Community Foundation recognized Dean at its 2024 Annual Gala with the Education Award.

Click here to read the full guide.


About Colson Hicks Eidson

Colson Hicks Eidson is a renowned law firm based in Miami, Florida, that is recognized as one of the top trial firms in the United States. Built on a foundation of over 50 years of dedication forging strong client relationships, Colson Hicks Eidson handles local, national, and international litigation, with cases spanning from Miami, Florida, and throughout the United States, to matters in the Caribbean, Central America, South America, and Europe. Learn more at: www.colson.com.

MIAMI (March 12, 2025) – Every day, the lawyers at Colson Hicks Eidson are privileged to deliver meaningful litigation results for our clients while working alongside some of the finest attorneys and people we know. We are honored that Lawdragon recognizes our dedication to our craft and are pleased to announce that all nine of our partners have been named in the 2025 Lawdragon 500 Leading Plaintiff Consumer Lawyers guide.

Lawyers for this guide are selected through Lawdragon’s process of independent journalistic research and submissions. Their selection process emphasizes lawyers who have demonstrated consistent excellence and have made notable impacts in their fields.

Click here to read the full guide.

The Firm’s recognized attorneys are listed below.

About Colson Hicks Eidson

Colson Hicks Eidson is a renowned law firm based in Miami, Florida, that is recognized as one of the top trial firms in the United States. Built on a foundation of over 50 years of dedication forging strong client relationships, Colson Hicks Eidson handles local, national, and international litigation, with cases spanning from Miami, Florida, and throughout the United States, to matters in the Caribbean, Central America, South America, and Europe. Learn more at: www.colson.com.

MIAMI (March 6, 2025) – This Women’s History Month, Colson Hicks Eidson congratulates partners Julie Braman Kane and Stephanie Casey who were named Florida Trend Legal Elite NOTABLE: Women Leaders in Law for their significant contributions and leadership in the legal profession.

Stephanie was recognized for her representation of injured consumers and her skills in complex litigation, including recent successes in ERISA health insurance benefits cases. Acknowledged by Chambers USA as “an excellent lawyer,” she actively contributes to the legal community as a Board member and former President of the South Florida Chapter of the Federal Bar Association, reflecting her commitment to mentorship and leadership in the profession.

Julie was recognized for her representation of plaintiffs in high-stakes personal injury and complex class action cases, leveraging over three decades of experience. Her accomplishments include serving as lead and liaison counsel in significant multidistrict and consolidated national litigation and securing notable verdicts and settlements in products liability, medical malpractice and negligence cases. A strong advocate for the underrepresented, she has spearheaded efforts to safeguard electoral access and has held leadership roles in the American Association for Justice and the Miami-Dade Florida Association of Women Lawyers. Julie’s legal knowledge is further acknowledged by Lawdragon and Chambers USA, underscoring her significant impact on the profession and her commitment to advancing justice.

We are proud to celebrate Julie and Stephanie, whose recognition reflects their outstanding achievements and the firm’s exceptional success in securing significant judgments and settlements across various areas of law.

Read more: http://digital.floridatrend.com/december-2024/page-86

To schedule a consultation, do not hesitate to contact an attorney at our law office. We have experience in a wide variety of cases for clients located throughout the nation and around the globe.

About Colson Hicks Eidson

Colson Hicks Eidson is a renowned law firm based in Miami, Florida, that is recognized as one of the top trial firms in the United States. Built on a foundation of over 50 years of dedication forging strong client relationships, Colson Hicks Eidson handles local, national, and international litigation, with cases spanning from Miami, Florida, and throughout the United States, to matters in the Caribbean, Central America, South America, and Europe. Learn more at: www.colson.com.

Colson Hicks Eidson was proud to represent Brookfield Properties, owner of the Ritz-Carlton Hotel property in Ft. Lauderdale, during trial in a long-running case brought by David J. Stern, a unit owner in the residential condominium portion of the property, who alleged water intrusion and property damage in his unit. After a three-and-one-half week jury trial in Broward County Circuit Court, the jury returned an across-the-board verdict in favor of our client. 

“Our firm was proud to represent Brookfield Properties in this hard-fought trial, and we are pleased that the jury delivered a clear and decisive verdict in our client’s favor,” Curtis Miner said.

Congratulations to our trial team Curtis Miner, Zachary Lipshultz, Aziza Elayan, and Michelle Roberto, joined by Jodi Kleinick from Paul Hastings.  

About Colson Hicks Eidson

Colson Hicks Eidson is a renowned law firm based in Miami, Florida, that is recognized as one of the top trial firms in the United States. Built on a foundation of over 50 years of dedication forging strong client relationships, Colson Hicks Eidson handles local, national, and international litigation, with cases spanning from Miami, Florida, and throughout the United States, to matters in the Caribbean, Central America, South America, and Europe. Learn more at: www.colson.com.

MIAMI (January 22, 2025) – Colson Hicks Eidson is thrilled to announce that three of its partners have been named in the 2025 Lawdragon 500 Leading Lawyers in America. This impressive guide selects its lawyers through Lawdragon’s independent journalistic research and submissions process.

Now in its 20th year, Lawdragon 500 Leading Lawyers in America recognized Colson Hicks Eidson attorneys Julie Braman Kane, Roberto Martínez, and Curtis Miner for their exceptional work in litigation, plaintiff class action litigation, and white-collar practice areas.

Julie’s work has made a significant difference in the lives of her clients. She has represented plaintiffs in personal injury, commercial, and class action litigation, participating in cases securing hundreds of millions of dollars for clients, including recent resolutions of a data breach class action as well as multiple personal injury and wrongful death matters.

Curtis has tried cases to jury verdicts against auto manufacturers and airlines and has obtained sizable settlements in individual and plaintiffs’ class action litigation, having served as Class Counsel in cases against financial institutions arising out of Ponzi schemes and as part of court-appointed leadership counsel in the Takata Airbags Products Liability Litigation MDL, securing over $1.5 billion in settlements for classes of millions of vehicle owners.

Roberto has secured significant client wins in high-profile cases, including participating in settlements and judgments totaling in excess of $6 billion.

Click here to read the full guide on Lawdragon.

About Colson Hicks Eidson

Colson Hicks Eidson is a renowned law firm based in Miami, Florida, that is recognized as one of the top trial firms in the United States. Built on a foundation of over 50 years of dedication forging strong client relationships, Colson Hicks Eidson handles local, national, and international litigation, with cases spanning from Miami, Florida, and throughout the United States, to matters in the Caribbean, Central America, South America, and Europe. Learn more at: www.colson.com.

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The court’s decision allows Morera to continue his fight to recover treatment costs. Read more about this case on Law360 here.