Tesla lawyers ask judge to throw out $243 million verdict, saying mention of Elon Musk misled the jury

The car company run

The filing in Miami federal court seeks to overturn the $243 million award after a 22-year old student out stargazing was flung through the air to her death

The case has been watched closely

“If the verdict is allowed to stand, it will chill innovation, harm road safety and invite future juries to punish manufacturers who bring new safety features to market,” the company said in the filing.

Tesla is also arguing that opposing lawyers “led the jury astray”

Musk had taken a big chance

Many similar cases against Tesla had either been dismissed or been settled

The plaintiff lawyers revealed in a court filing last week that they had told Tesla that they were willing to accept $60 million to settle. But Tesla refused. In the end, the jury decided on compensatory and punitive damages for the family of the killed Naibel Benavides and her boyfriend, Dillon Angulo, amounting to four times that amount.

The filing

The jury held that Tesla bore significant responsibility because its technology failed even though the driver had admitted he was wrong to be distracted

The plaintiff lawyers also said Tesla’s decision to even use the term Autopilot showed it was willing to mislead people and take big risks with their lives because the system only helps drivers with lane changes, slowing a car and other tasks, falling far short of driving the car itself.

They said other automakers use terms like “driver assist” and “copilot” to make sure drivers don’t rely too much on the technology.

European regulators have complained about Tesla word choices for its driver assistance software, and have raised questions about whether it misleads drivers, too. Musk had told investors last year that it expected to get approval from those regulators for a more advanced version of Autopilot in March, but it’s still waiting for the go-ahead.

That advanced driver assistance feature, which Musk calls Full-Self Driving, has also drawn scrutiny in U.S. for possibly misleading drivers. An administrative judge in California is hearing a case in which the state motor vehicles department is seeking to withdraw Tesla’s license to sell cars partly because of what it says are misleading names.

“I trusted the technology too much,” the driver in the Florida crash, George McGee, said in his testimony. “I believed that if the car saw something in front of it, it would provide a warning and apply the brakes.”

The lead defense lawyer in the Miami case, Joel Smith, countered that Tesla warns drivers that they must keep their eyes on the road and hands on the wheel yet McGee chose not to do that while he looked for a dropped cellphone, adding to the danger

Tesla stock fell nearly 3.5% Friday, after a drop a day earlier when sales figures out of Europe showed car buyers there are still avoiding Tesla. The company had been hit with boycotts and protest earlier his year after Musk embraced extreme right wing politicians there.