Case details
Defense claimed tweet was an insult, not an allegation
SUMMARY
$0
Amount
Verdict-Defendant
Result type
Not present
Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
On July 15, 2018, plaintiff Vernon Unsworth, 62, a British financial adviser, spelunker and cave explorer, learned that he was referred to in a tweet by Elon Musk, the chief executive officer and chief engineer/designer of SpaceX, and a co-founder, CEO and product architect of Tesla Inc. The tweet was allegedly in response to Unsworth turning down Musk’s offer to help in the rescue of a Thai youth soccer team from a flooded cave in Thailand. Rescue attempts of the Thai youth soccer team were widely publicized, and Musk offered to help in the effort by sending engineers to Thailand to build an escape pod device. Unsworth, who was helping to lead the rescue, turned down the offer and in an interview on CNN, Unsworth allegedly called Musk’s offer a public relations stunt. In addition, Unsworth allegedly told Musk to “stick his submarine where it hurts.” As a result, Musk responded on Twitter by allegedly making a derogatory comment about Unsworth, calling him a “pedo guy,” or pedophile. Musk later apologized to Unsworth on Twitter on July 18, 2018. Unsworth sued Musk, alleging that Musk’s tweet constituted libel. Unsworth claimed his reputation was ruined by Musk’s derogatory tweet. Unsworth’s counsel contended that Musk’s tweet was referring to Unsworth and that the false allegation that Musk tweeted to his followers damaged Unsworth’s reputation. Musk’s counsel contended that Musk was not aware of Unsworth being involved in the rescue of the soccer team and thought that Unsworth was a random diver. Counsel also contended that Musk’s tweets were not to be taken seriously and that the comments were merely insults in an argument between two men and not allegations. Musk’s counsel further contended that Musk, who was born in South Africa, was used to the derogatory term being used in a teasing manner., Unsworth claimed that his reputation was harmed after Musk’s comment and that he felt humiliated and ashamed by Musk’s tweet. Unsworth sought recovery of damages for his emotional pain and suffering as a result of the alleged humiliation he suffered. Musk’s counsel disputed Unsworth’s claim that his reputation was harmed, nothing that Unsworth was named a member of the British Empire by Queen Elizabeth after the rescue.
COURT
United States District Court, Central District, Los Angeles, CA
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