Florida Appeals Court shields Tesla CEO Elon Musk from deposition in fatal crash lawsuit

A Florida appeals court has ruled in favor of Tesla CEO Elon Musk, preventing him from being deposed in connection to a lawsuit arising from a tragic high-speed crash in 2018 that claimed the lives of a Tesla driver and passenger.

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The three-judge panel of the 4th District Court of Appeal overturned a prior decision by a Broward County circuit judge, which had mandated Musk’s deposition regarding a phone conversation with James Riley. Riley’s son, Barrett Riley, was behind the wheel of a Tesla Model S during the fatal incident, where the vehicle was reportedly traveling at 116 mph.

The passenger, Edgar Monserratt Martinez, also lost his life in the crash. Following the incident, a lawsuit was filed by James Riley, who alleged that a Tesla technician had disabled software intended to limit the car’s top speed to 85 mph.

According to the ruling issued on Wednesday, Musk had reached out to James Riley to express condolences after the crash. During the conversation, Riley claimed that Musk indicated Tesla would need to review and revise policies related to disabling speed limitations on cars. The court disclosed that Musk and Riley had further exchanged emails on the matter.

The appeals court justified its decision to shield Musk from deposition by invoking the “apex doctrine,” a legal principle that typically spares high-ranking government and corporate officials from testifying in cases where information can be obtained through alternative means. The court noted that Musk’s unique personal knowledge might only involve recalling the phone conversation.

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“The only arguably unique, personal knowledge Mr. Musk may have is whether or not he remembers the phone conversation,” the ruling stated. It emphasized that Musk had already provided sworn testimony twice, attesting to his lack of recollection regarding any statements made during the phone call about the speed limiter.

The ruling, written by Judge Dorian Damoorgian and supported by Judges Spencer Levine and Burton Conner, concluded by asserting that forcing Musk to undergo deposition would only serve to “harass and burden Tesla” and disrupt Musk’s responsibilities as CEO, affecting consumers, stockholders, employees, and other essential activities tied to his position.

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