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By AutoObserver Staff October 20, 2011
Electric-vehicle specialist Tesla Motors lost an important round in a high-profile libel and malicious falsehoods suit against the popular British automotive television show “Top Gear” when a British judge this week dismissed Tesla’s claim it was libeled by the program. The suit continues, however, because Tesla also claims there were five instances of “malicious falsehoods” in a 2008 “Top Gear” review of its all-electric Roadster. Tesla based its libel claim on a portion of the program in which host Jeremy Clarkson said the Roadster’s battery was depleted after 55 miles of racetrack driving, a distance well short of the automaker’s claim of a 200-mile driving range for the Roadster, which is scheduled to end production soon.
In his ruling, as reported in the Guardian newspaper, the judge said, “in my judgment, the words complained of [in the libel allegation] are wholly incapable of conveying any meaning at all to the effect the claimant [Tesla] mislead anyone.” Reasonable viewers, the judge maintained, would understand that running the electric car at high speed on a track would consume more power than normal daily driving. A Tesla spokesman told AutoObserver that the suit was filed because “Top Gear was dishonest about the Roadster’s performance and reliability, staging numerous fake breakdowns. We look forward to taking our case to trial.” The British Broadcasting Co., the main defendant in the suit – which also names Clarkson – has argued that all of Tesla’s claims should be dismissed. The Guardian reported that the case is expected to be decided “within weeks.”
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