KATY, Texas (Covering Katy News) — The family of a 76-year-old woman killed when a Tesla crashed into her Katy-area home has sued the driver, Richmond resident Michael Butler, and Tesla Inc., alleging defects in the vehicle's Autopilot and Full Self-Driving systems caused or contributed to the crash.
Just four days after the crash, the family filed suit Tuesday, June 23, in Harris County's 61st District Court. Attorney Ryan Zehl represents Martha Avila's daughter, Jennifer Barbour, and her husband, Justin Barbour, who was injured when the Tesla crashed through the home.
The family is seeking more than $1 million in damages. It is also asking for punitive, or exemplary, damages—additional money intended to punish especially reckless conduct and discourage similar behavior in the future if a jury determines such an award is justified.
The lawsuit comes as investigators continue trying to determine what caused the June 19 crash. While the Harris County Sheriff's Office says it has found no evidence of a mechanical malfunction, investigators have not reached a final conclusion about what caused the collision.
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Martha Avila
Sheriff's Office: No Evidence of Mechanical Failure
The Harris County Sheriff's Office said Thursday that investigators have found no evidence of a mechanical malfunction but emphasized the investigation is not complete.
"At this time, investigators have found no evidence of a mechanical malfunction," the sheriff's office said in a statement to Covering Katy News.
Investigators said they are continuing to gather evidence before presenting the case to the Harris County District Attorney's Office, which will decide whether criminal charges are appropriate.
No charges have been filed.
Lawsuit Filed Against Tesla and Michael Butler
According to the family's amended petition, Butler and Tesla are both responsible for the crash.
The lawsuit includes wrongful death and survival claims brought on behalf of Avila's family and estate. It alleges Butler was negligent in operating the vehicle. It also claims Tesla's Autopilot and Full Self-Driving systems were defectively designed, failed to adequately detect hazards, did not properly monitor driver engagement and did not adequately warn drivers about the systems' limitations.
The amended petition further alleges the vehicle either failed to recognize the end of the street or experienced what it describes as "Sudden Unintended Acceleration." It claims Tesla knew about the potential issue but failed to correct it.
The filing also cites previous federal investigations, recalls and litigation involving Tesla's driver-assistance technology in support of those claims.
The allegations contained in the lawsuit have not been proven in court. Tesla had not filed a response as of Thursday afternoon.
Tesla Says Driver Had the Accelerator to the Floor
Earlier this week, Tesla released vehicle data indicating Butler overrode the vehicle's Full Self-Driving system.
According to Tesla, Butler pushed the accelerator pedal all the way to the floor, causing the Model 3 to accelerate to 73 mph before crashing into the home. Tesla said the accelerator remained fully depressed—even after the vehicle slammed into the house—indicating the driver, not the Full Self-Driving system, was controlling the car.
Martha Avila Killed When Tesla Crashed Into Katy Home
According to the Harris County Sheriff's Office, Butler told investigators an automated driving assistance system was engaged before the crash.
Authorities said Butler was driving east on Rose Hollow Lane shortly after 8 p.m. June 19 when the Tesla failed to negotiate a sharp right turn. Instead of turning, the car continued straight and crashed through the brick wall of a home in the 1900 block of Blooming Park Lane.
Avila was inside the residence when the vehicle struck her. She was flown to a hospital, where she later died from her injuries.
Investigators previously said Butler showed no signs of intoxication and has cooperated with the investigation.
GoFundMe Helps Family Rebuild After Fatal Tesla Crash
The crash destroyed much of the family's home, leaving it uninhabitable while the investigation continues.
Family members have launched a GoFundMe campaign that had raised nearly $35,000 toward its $40,000 goal from nearly 480 donors as of Thursday.
"On the day of June 19th, our family experienced a devastating tragedy when a vehicle crashed into my aunt's home, destroying most of the house," organizers wrote on the fundraising page. "My grandmother, Martha Avila, who was inside at the time, tragically lost her life."
According to the fundraiser, donations will help cover temporary housing, funeral expenses and rebuilding the family's home as they recover from the tragedy.