Tesla has denied responsibility in a lawsuit which alleges a Tesla Model X unexpectedly accelerated in Southern California and crashed through an owner’s garage.

Last month, Korean actor and singer Ji Chang Son said that an unintended acceleration issue with the Model X caused the incident and has filed a class action lawsuit worth in excess of $5 million.

In the lawsuit, lawyers for Son assert that Tesla is aware of at least two other instances in which Model X owners allege the electric SUV abruptly accelerated when driven at low speeds. Extrapolating these figures, the lawsuit alleges that the rate of sudden unintended acceleration (SUA) for the Model X is 64 per 100,000 vehicles.

Despite this, Tesla asserts that at the time of the accident, the accelerator pedal in Son’s Model X was fully depressed.

In an email to Autoblog, a Tesla spokesperson said “The evidence, including data from the car, conclusively shows that the crash was the result of Mr. Son pressing the accelerator pedal all the way to 100%. The evidence clearly shows the vehicle was not at fault. Our policy is to stand by the evidence and not to give in to ultimatums.”

It remains to be seen if or when the case will go to court.

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