THOMAS COUNTY, Ga. — A 14-year-old boy and his father burned to death inside a Tesla after it crashed just days before Christmas in 2024.
The boy’s mother, Shantorria Herring, has now filed a wrongful death lawsuit against Tesla, saying they died because of the car’s features.
Margarrett Smith was driving a 2021 Tesla Model 3 in Thomas County, Georgia on Dec. 23, 2024. According to the lawsuit, the car suddenly veered off the road, crashed into a tree and burst into flames.
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Karter Breon Smith, 14, was in the car with his father during the crash.
The lawsuit claims that a witness in another car ran up to help them escape, but they could not open the doors because the electric-powered handles were inoperable.
It goes on to say that many of the car’s system stopped working when the lithium ion battery pack caught fire, trapping the father and son inside.
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The lawsuit argues that Tesla did not have the software to allow its “autopilot” features to function properly, as it was marketed. It says that if it had worked correctly, the car’s Lane Departure Avoidance would have stopped the car from leaving the road and the Automatic Emergency Braking would have stopped the car from hitting the tree.
Herring, who lives in Florida, is seeking an unspecified amount for the life of her son, as well as "the pre-impact shock and fright, as well as the mental, emotional, and physical pain and suffering experienced by her decedent."
You can read the full lawsuit below.
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