— Tesla says a lawsuit filed in the death of 33-year-old Tesla employee Hans Von Ohain should be thrown out based on evidence collected from the Tesla Model 3 crash.
On May 16, 2022, Hans Von Ohain was driving his 2021 Tesla Model 3 with neighbor Erik Rossiter in the passenger seat.
Filed by Nora Bass, wife of Hans Von Ohain, the Colorado wrongful death lawsuit alleges the crash and Ohain's death were caused by a defective Tesla vehicle, especially the Autopilot system.
According to the Tesla lawsuit, Hans Von Ohain activated the 2021 Tesla Model 3 Autopilot feature which unexpectedly caused the vehicle to sharply veer to the right and off the road.
Von Ohain was killed while his passenger was able to escape.
“Decedent Hans Von Ohain fought to regain control of the vehicle, but, to his surprise and horror, his efforts were prevented by the vehicle's Autopilot features, leaving him helpless and unable to steer back on course.” — Tesla Autopilot crash lawsuit
The plaintiff complains her husband would be alive if Autopilot wouldn't have forced the Tesla off the road and into a tree, causing the Model 3 to burst into flames. She contends his "gruesome and painful death would have been avoided.”
The lawsuit blames Tesla for all aspects of the crash and Hans Von Ohain's death, claiming Tesla knew the Autopilot system was defective but still chose to market and sell the Model 3.
According to the 400-page Tesla crash report released by the Colorado State Patrol, Von Ohain was driving drunk and had a blood-alcohol level three times the legal limit. He was also driving more than 40 miles per hour above the posted speed limit.
Tesla Argues Hans Von Ohain Lawsuit Must End
Although the lawsuit blamed the Tesla Model 3 Autopilot feature for the crash and fatality, additional data will change the entire case.
Tesla told the judge the Model 3 crash occurred after both men spent nearly six hours playing golf and drinking alcohol at Evergreen Golf Course in Evergreen, Colorado.
According to the Colorado State Patrol, Mr. Von Ohain's vehicle left the road and crashed at 9:05 p.m. The Model 3 event data recorder showed the vehicle was traveling 88 mph within the five seconds of crashing into a tree and catching fire.
Authorities confirmed Mr. Von Ohain's blood alcohol level was .264, while a hospital said the passenger's blood alcohol level was .258.
For nearly two years Tesla has argued the lawsuit must be tossed because the Autopilot feature was not activated when the crash occurred. That conclusion was reached from the vehicle data, but finally in September 2025 Tesla was allowed to remove the computer chip from the Model 3’s damaged event data recorder.
Data from the five seconds immediately preceding the crash were downloaded and provided to both parties, showing Von Ohain was driving the Model 3 at 88 miles per hour, 48 mph over the speed limit.
The data also show Autopilot was turned from “Active” to “Off” while the vehicle was traveling 35 mph. That occurred 10 minutes before the fatal crash.
According to Tesla's motion to dismiss the Hans Von Ohain crash lawsuit:
"Tesla was unable to inspect the EDR [event data recorder] for the vehicle until September 3, 2025 and the data definitively proved that Autopilot was not engaged at the time of the accident. The EDR was turned over to Plaintiffs’ counsel’s firm and retained expert by Colorado State Patrol in July 2022. Although this critical evidence was at Plaintiffs’ fingertips for well over one year before this lawsuit was filed, Plaintiffs chose to ignore (or perhaps conceal) this evidence, while continuing to represent to this Court that a defect in the vehicle’s Autopilot system caused the crash and the death of Mr. Von Ohain."
Tesla told the judge lawyers for the plaintiff have now confirmed they are no longer “pursuing an autopilot defect claim.”
The Hans Von Ohain Tesla lawsuit was filed in the U.S. District Court for the District of Colorado: Nora Bass, et al., v. Tesla, Inc., et al.
The plaintiff is represented by MLG Attorneys at Law.
