Tesla Inc. has successfully fended off a trial over a Gigafactory Texas assault case tied to the former employee suspected in a mass shooting in March on West Sixth Street.
The Austin company has been granted a motion for arbitration, heading off a trial that the alleged victim said she hoped would shed light on Tesla’s missed opportunities to stop the assault that left three people dead and 15 injured.
The case was filed after employee Lillian Brady sued the automaker in the aftermath of the shooting at Buford’s Backyard Beer Garden, alleging she was assaulted in December at the factory by former co-worker and shooting suspect Ndiaga Diagne.
In her lawsuit, Brady argued that the automaker failed to provide a safe work environment and know the backgrounds of its employees. She also accused Tesla of withholding Diagne’s name since the alleged assault Dec. 4.
Tesla fired Diagne in January. On March 1, police say he went on a shooting spree in downtown Austin before being fatally shot by officers. The FBI investigated the shooting as a possible act of terrorism. Last week, federal investigators said they found no evidence that Diagne was directed by a foreign terrorist organization.
Tesla could not be reached for comment about the complaint being moved to arbitration. During an April hearing in state District Court in Austin, Tesla attorney Joshua Romero cited Tesla’s “broad” arbitration agreement, which says “any and all disputes arising from or related to your employment go to arbitration.”
During that hearing, Brady’s lawyers argued Tesla uses arbitration when it suits the company’s purposes, telling the judge “they cannot use this as a sword and a shield.”
This is a developing story. Please check back for updates.