Friday November 10, 2023
12:30-1:30 p.m.
Meeting Both In-Person and by Zoom
Dampeer Room, Second Floor of Kelvin Smith Library*
Case Western Reserve University
Dear Colleagues:
Our topic this week sits at the intersection of law and technology – though how it handles intersections is also part of the topic!
It was introduced pretty well by the Washington Post on October 6 when it reported that,
“The sun had yet to rise in Delray Beach, Fla., when Jeremy Banner flicked on Autopilot. His red Tesla Model 3 sped down the highway at nearly 70 mph, his hands no longer detected on the wheel.
“Seconds later, the Tesla plowed into a semi-truck, shearing off its roof as it slid under the truck’s trailer. Banner was killed on impact.
“Banner’s family sued after the gruesome 2019 collision, one of at least 10 active lawsuits involving Tesla’s Autopilot, several of which are expected to go to court over the next year. Together, the cases could determine whether the driver is solely responsible when things go wrong in a vehicle guided by Autopilot – or whether the software should also bear some of the blame.
“The outcome could prove critical for Tesla, which has pushed increasingly capable driver-assistance technology onto the nation’s roadways far more rapidly than any other major carmaker…”
Tesla’s simplest defense has essentially been that it told drivers to pay attention, so if there is a problem it’s their fault. But that is definitely not an airtight defense. For example, in one case a tire exploded when the driver exceeded 100 miles an hour in his Mercury Cougar. Ford and Goodyear argued they were not responsible because the driver’s manual warned against going faster than 90 miles an hour. The Louisiana judge ruled that as the car was designed to go faster, the company should be expected to include tires that would handle the speed. As a Harvard Business Review article summarized, “as a manufacturer, you have to design your product to be safe in all the ways people are likely to use it.”
Tesla’s situation, however, is only one version of the issue. Mercedes is now introducing a “Drive Pilot” system that is supposed to be much more autonomous than Tesla’s, designed for hands-free, eyes-off driving especially in heavy traffic situations. This is limited to roads in California and Nevada that Mercedes-Benz has mapped, but Mercedes says it will take liability “as long as the user operates Drive Pilot as designed.” Which sounds nice but clearly also leaves room for interpretation.
There are many reasons why self-driving vehicles may seem frightening to some but attractive to others. They have been implemented most fully in San Francisco, where there are fleets of self-driving taxis, and well-publicized reports of accidents. We should remember that human drivers have lots of accidents too. But we certainly have a fascinating new twist on automobile accident torts, which could have major effects on the trend.
Our colleague Cassandra Burke Robertson has been studying the issue for a while, reporting in both law review and commentary pieces. Please join us for what should be a fascinating exploration of a relatively new issue.
In-Person and Virtual Attendance
In order to make it easy for people to protect themselves and still participate, the meetings can be attended on Zoom. Participants can register for each meeting in the same way they did for the past two years. The link is posted below.
The discussion begins at 12:30 p.m., but the room should be open no later than Noon. We try to have beverages and refreshments set up soon after that. Participants should be able to sign on to Zoom also by Noon. But please remember not much will be happening online until the talk begins at 12:30 pm. Please also be prepared to show identification when entering Kelvin Smith Library.
Zoom participants should speak up when asked for questions or comments, or submit thoughts through Zoom’s chat function. Please keep yourself muted until you are choosing to speak.
Each week we will send out this newsletter with information about the topic. It will also include a link to register (for free) for the discussion. When you register, you will automatically receive from the Zoom system the link to join the meeting. If you do not get the newsletter, you should also be able to get the information each Monday by checking http://fridaylunch.case.edu Then if you choose you can use the contact form on that website to request the registration link.
This week’s Zoom link for registration is:
https://cwru.zoom.us/meeting/register/tJAuduChrzIvH9wF0b7ICi4FGey7q94JZQ8i
After registering, you will receive a confirmation email containing information about joining the meeting.
Please also e-mail padg@case.edu if you have questions about arrangements or any suggestions. Or call at 216 368-2426 and we’ll try to get back to you. We are very pleased to be partnering this semester with the Siegal Lifelong Learning Program to share information about the discussions.
Best wishes for safety and security for you and yours,
Joe White
Luxenberg Family Professor of Public Policy and Director, Center for Policy Studies
About Our Guest
Cassandra Burke Robertson regularly teaches Civil Procedure, Professional Responsibility and Secured Transactions, and has also taught Transnational Litigation and Remedies. She directs the law school’s Center for Professional Ethics, whose mission is to explore moral choices across professional lines in a variety of disciplines. Her scholarship focuses on legal ethics and litigation procedure within a globalizing practice of law. She has co-authored a popular casebook in the field of professional responsibility and published articles in the Columbia Law Review, Emory Law Journal and Boston University Law Review, among others.
Prior to joining the faculty in 2007, Robertson clerked for the Texas Supreme Court and served as Assistant Solicitor General in the Office of the Texas Attorney General. Robertson received a law degree from the University of Texas at Austin, where she also obtained joint master’s degrees in Middle Eastern Studies and Public Affairs.
* Kelvin Smith Library requires all entrants to show identification when entering the building, unless they have a university i.d. that they can magnetically scan. We are sorry if that seems like a hassle, but it has been Library policy for a while in response to security concerns. Please do not complain to the library staff at the entrance, who are just doing their jobs.
Schedule of Friday Lunch Upcoming Topics and Speakers:
November 17: Axios Cleveland and the Future of Local Media. With Sam Allard, reporter for Axios Cleveland.
November 24: Thanksgiving Break
December 1: Civil-Military Relations in Egypt. With Dina Rashed, Ph.D., Associate Dean of the College for Academic Affairs, University of Chicago.
December 8: To Be Determined. |
