DRIVER PURCHASED A 2014 TESLA MODEL S CAR IN JUNE 2015 FROM THE HANGZHOU CHINA DEALERSHIP. THIS CAR WAS DRIVEN MODERATELY IN THE FOLLOWING MONTHS. IN SEPTEMBER 14, 2015, THE CAR WAS BEING DRIVEN WITHIN A SMALL, ENCLOSED HOUSING COMPOUND. THE CAR WAS GOING VERY SLOW AS THE DRIVER WAS TURNING TO EXIT THE COMPOUND THROUGH A GATED ENTRANCE. THE CAR SUDDENLY ACCELERATED WITHOUT THE DRIVER'S ASSISTANCE AND DROVE THROUGH THE TRAFFIC GATE BEFORE THE DRIVER WAS ABLE TO QUICKLY BREAK AND BRING THE CAR TO A STOP. ELECTRONIC RECORDS ACCESSED ON SEPTEMBER 15, 2015 REVEALED THE FOLLOWING INFORMATION: THE CAR WAS ORIGINALLY BEING DRIVEN AT 4.7 KM/HR WITH THE ACCELERATION PEDAL DEPRESSED AT 2.8%. WITHIN ONE SECOND, THE ACCELERATION PEDAL WENT FROM BEING DEPRESSED 2.8% TO 84.8% AND THE CAR INCREASED TO 10.75 KM/HR. DURING THE FOLLOWING SECOND, THE CAR'S RECORDS SHOW THE ACCELERATION PEDAL TO CONTINUE TO BE COMPRESSED AT 84% WITH THE SPEED INCREASING TO 18.35 KM/HR, BUT WITH THE BREAK PEDAL ALSO BEING SIMULTANEOUSLY COMPRESSED. IN THE SUBSEQUENT SECOND, THE ANTI-LOCK BRAKES INITIATED, AND THE CAR WAS BROUGHT TO A STOP A SECOND LATER. WE REJECT THE DEALERSHIP'S DECISION THAT THIS WAS DRIVER'S ERROR. IN SUCH A NARROW ENVIRONMENT AS THE HOUSING COMPOUND, AND DURING A SLOW AND CONTROLLED TURN, THERE THE DRIVER HAD NO REASON TO PUT SIGNIFICANT PRESSURE ON THE ACCELERATION PEDAL AS THE RECORDS SHOW ' WHETHER INTENTIONAL OR UNINTENTIONAL. WE ALSO FEEL THAT IT WOULD HAVE BEEN DIFFICULT FOR