On May 31, it was reported that recently, the preliminary review result of the reputation dispute between Ms.
Zhang from Henan and Tesla, who was on the roof of the car at the Shanghai Auto Show, attracted onlookers from the outside world.
The Civil Judgment of the People’s Court of Qingpu District of Shanghai City (2021) Hu 0118 Minchu No.
17510 shows that the court ruled that Ms.
Zhang should publicly apologize to Tesla on Weibo to eliminate the influence and restore her reputation. Ms. Zhang needs to compensate Tesla for 172,275 yuan in losses.
, According to Ms.
Zhang’s own response, she herself disagreed with the results of the first trial and would continue to appeal.
The verdict shows that the core consideration in judging whether Ms.
Zhang defamed Tesla is whether Ms.
Zhang’s claim that Tesla’s brake failure has certain objective basis.
During the trial of this case, Ms.
Zhang did not apply for judicial appraisal of whether the vehicle had brake failure.
According to the principle that whoever advocates the evidence, Ms.
Zhang should bear the legal consequences of failing to provide evidence.
In addition, according to the determination of the public security organ, the cause of the traffic accident involved in the case was that the outsider did not maintain a safe distance from the vehicle in front of him enough to take emergency braking measures while driving the vehicle involved in the case, so he was fully responsible for the accident.
Therefore, Ms.
Zhang recklessly carried out the behavior involved in the case without any objective basis to prove that the vehicle involved in the case had brake failure, which constituted defamation. Ms. Zhang’s defense opinion that her actions did not constitute defamation was rejected by the court.
(Snowflake), return to the first electric network home page>,.
