A Florida appeals court Wednesday shielded Tesla CEO Elon Musk from having to give a deposition in a lawsuit stemming from a high-speed crash that killed a Tesla driver and a passenger in 2018.
A three-judge panel of the 4th District Court of Appeal overturned a Broward County circuit judge’s decision that Musk should be deposed about a phone conversation with James Riley, whose 18-year-old son, Barrett Riley, was driving the Tesla Model S.
Wednesday’s ruling said the car was traveling 116 mph at the time of the crash, and Barrett Riley and passenger Edgar Monserratt Martinez, died.
The passenger’s father filed a lawsuit and alleged that a Tesla technician had disabled software that limited the car’s top speed to 85 mph. Musk called James Riley to express condolences after the crash and, according to Riley, indicated Tesla would have to review and revise policies related to disabling speed limitations on cars, Wednesday’s ruling said. Musk and Riley also exchanged emails.
The appeals court said Musk should be shielded from a deposition because of what is known as the “apex doctrine,” which generally prevents high-ranking government and corporate officials from having to testify in cases if information can be gleaned in other ways.
“The only arguably unique, personal knowledge Mr. Musk may have is whether or not he remembers the phone conversation,” said the ruling, written by Judge Dorian Damoorgian and joined by Judges Spencer Levine and Burton Conner.
“Mr. Musk, however, has already twice provided sworn testimony attesting that he does not recall making any statements during the phone call regarding the speed limiter. Under these circumstances, requiring Mr. Musk to sit for a deposition would serve no purpose other than to harass and burden Tesla and disrupt Mr. Musk’s ability to meet his obligations to consumers, stockholders, Tesla’s employees, and other activities integral to his position as CEO.”
