Tesla to Face Jury Trial over Autopilot Defects Following 70-Page Summary Judgment Opinion

Tesla’s “Autopilot” has been implicated in over a dozen deaths in the U.S. alone, and yet the company has yet to face a significant finding of liability in a litigated case. That may end soon, as trial is set to begin in federal court today following a blockbuster summary judgment opinion issued only a few weeks ago.

Benavides v. Tesla involves a crash that occurred on a two-lane county road in Key Largo, Florida in 2019. George McGee was driving his Tesla Model S from his office in Boca Raton to his home, a distance of around 100 miles, when he ran through a stop sign at a T-intersection and collided with a Chevy Tahoe that was parked on the far side of the road at around 60 miles per hour. Naibel Benavides, a 22-year-old college student, was standing next to the Tahoe and was killed. Her friend Dillon Angulo—the two were on a date—was severely injured and is also a plaintiff in the case.

The Benavides crash implicates many of the same issues raised by other fatal crashes involving Autopilot. The system, despite its name, is a “driver assistance system” that requires constant oversight by an attentive driver, far short of what most people think of when they imagine an autonomous vehicle. Nor is it capable of functioning in any environment; the instructions explicitly warn drivers not to use it on anything less than a divided, limited-access highway, one without stop signs or crossing traffic.

Because of these limitations, every fatal Autopilot crash has involved a distracted driver. In the Huang case, for example, the plaintiff was killed when his car collided with a concrete barrier on the highway while he played a game on his phone (that case was settled for an undisclosed sum on the eve of trial). The Benavides crash is no different: McGee, the driver, testified in his deposition that he was on the phone with American Airlines trying to book a flight across the country when he dropped his phone and bent down to the floor to pick it up. It was at that moment that he sped through the stop sign and into the parked Chevy. (Benavides filed suit against McGee as well; that suit was settled for an undisclosed sum). McGee also used Autopilot on an inappropriate road, manually accelerated to a speed of 62 miles per hour in an area where the speed limit was 45, and repeatedly triggered Autopilot’s warning system for driver inattention.

Unsurprisingly given the facts outlined above, Tesla’s strategy in these cases has been to cast blame on the driver. At times this has been successful. The first trial involving a fatal crash linked to Autopilot involved a plaintiff-driver who had been drinking, and the jury had no trouble concluding that Tesla bore no blame for the accident. In Benavides, for the first time, the victim is a third party. Still, Tesla argued, it was the driver who was to blame for the crash, not Autopilot.

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The Partisan Implications of ‘Low Turnout’ Have Flipped in Wisconsin

There’s a growing conventional wisdom that the two parties have flipped in their relationship to voter turnout. Now, it seems, Democrats are strongest in lower-turnout elections and Republicans do best when turnout is highest.

This is a real paradigm shift from not too long ago. During the Obama years, Democrats enjoyed a clear majority among potential voters broadly defined, but this majority depended on the adults least likely to participate. Republicans, on the other hand, had great strength with the most regular voters. For this reason, Obama could handily win Wisconsin (and the nation) in 2008 and 2012, but the Republican Tea Party wave dominated in 2010.

Here are a few more interesting data points in support of that emerging conventional wisdom.

Turnout always drops from a presidential election to the following gubernatorial election two years later, but the size of the decline varies from place to place. I was curious: does the decline in voter turnout correlate with changes in vote margin?

To answer this, I ran a regression comparing each municipality’s change in voter turnout with the change in vote margin between elections for president and governor.

The results are striking. In 2002, 2006, and 2010, a 1% decline in voter turnout from the previous presidential election predicted a more than 0.1 increase in the Republican vote margin for governor. This advantage dwindled in 2014 and reversed in 2018 and 2022.

In both of Tony Evers’ elections, a 1% decline in voter turnout predicted a significant increase in support for Evers, relative to Trump in the same municipality two years earlier.

graph showing the influence of a 1% decline in voter turnout from the previous presidential election on gubernatorial vote margins

The same dynamic affects Supreme Court races. The people most likely to show up in an April nonpartisan election are older, highly educated, and more wealthy. These demographics used to lean Republican; now they lean Democratic.

In April 2025, the liberal candidate Susan Crawford won 55% of the vote to conservative Brad Schimel’s 45%. Recall that in November 2024, Trump received 50% of the vote to Harris’ 49% in Wisconsin.

All the evidence I’ve seen shows that Crawford’s improvement over Harris is mostly due to who showed up. A survey from Blueprint Research found that 52% of voters in April 2025 had voted for Harris the previous November, and 46% had voted for Trump. Likewise, the researchers at Split Ticket analyzed ward-level election results and concluded, “roughly 70% of Susan Crawford’s win margin was attributable to changes in who was voting, rather than changes in how people voted.”

Here’s an example of all these trends taken from my hometown, the City of Milwaukee.

This graph shows that in the early 2000s, Democrats did best in presidential elections, a little worse in gubernatorial elections, and much worse in elections for Wisconsin Supreme Court.

In 2002, the Democratic candidate for governor won Milwaukee by 39 points, and in 2004 the Democratic presidential candidate won it by 44. Right in between those two elections, in 2003, the conservative candidate for Wisconsin Supreme Court outright won the City of Milwaukee by 5 points.

line graph showing margins among city of Milwaukee voters in races for president, governor, and WI supreme court

Since the early 2000s, things have changed. Democratic presidential margins in the city topped out at 60 points in 2012. Since then, they’ve dwindled slightly. Democratic candidates for governor have just kept climbing. Evers’ margin in 2018 matched Clinton’s share in 2016. But Evers’ Milwaukee margin of victory in 2022 reached heights not even achieved by Barack Obama.

The increase in support for liberal supreme court candidates among Milwaukee voters has been even more spectacular. Liberal candidates were consistently winning the City of Milwaukee by the 2010s, but in 2016, the liberal candidate still trailed Hillary Clinton by 34 points. In 2020, the liberal Court candidate trailed Biden by just 7 points among Milwaukee voters. In 2025, the liberal judicial candidate’s margin of victory exceeded Harris’ 2024 margin by 11 points.

Something fundamental changed in the years following Trump’s first election. Now, the smaller the electorate in Milwaukee, the more liberal it seems to be.

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Jenkins 2025 Final Round

Please congratulate the winners of the 2025 Jenkins Honors Moot Court Competition: Aaron Steines and William Welder. Congratulations also go to finalists Suzanne DeGuire and Connor Reed.

Aaron and William received the Franz C. Eschweiler Prize for Best Brief. Aaron received the Ramon A. Klitzke Prize for Best Oral Advocate.

Special thanks to the judges of the final round: the Honorable Paul Thissen, the Honorable Shelley Grogan, and the Honorable Rachel Blise. The time and support of all our judges is greatly appreciated.

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