High-speed Tesla crash that hurt young San Jose chef came after ‘shot-o’clock’ kicked off company-funded boozefest: lawsuit
A Los Gatos partner for consulting and accounting giant PwC was drunk and speeding on Highway 85 at 130 mph just before his Tesla slammed into the back of a young San Jose man’s car, permanently injuring the 22-year-old chef, a new court filing in a lawsuit over the crash alleged.
Crash victim John Cooper sued PwC partner Ousmane Caba and the company in March, claiming Caba was so drunk he was “barely conscious” when he left San Francisco in June 2023 after a day and night of drinking at events sponsored by PwC.
Caba could not be reached for comment. Messages left for his lawyer were not returned.
PwC, accused in the lawsuit of negligence, did not respond to a request for comment. The company in a court filing last month said evidence produced in the case does not show that PwC paid for “drink after drink” for Caba.
“Instead, it shows that PwC invited employees to two meal events the day before the incident which were catered by others and which included food and beverage selections available to all attendees,” the filing said. “There is nothing vile or despicable associated with offering alcoholic beverages at gatherings in any context, whether business or social.”
An amended version of the lawsuit in Santa Clara County Superior Court included claims based on data recorded by Caba’s Tesla Model S. And it added new allegations that Caba dangerously mixed a prescription diabetes drug with alcohol, and included purported new details about the celebratory events that led up to the 1 a.m. high-speed rear-ender.
Caba, and other PwC partners, were participating in the company’s “Promotion Day,” an annual event that honors advancement in the company, the lawsuit said.
“Promotion Day is known by PwC management and employees to be a day of heavy drinking, all day, at multiple locations,” the lawsuit claimed.
The celebrations kicked off with a company-funded gathering at The GlassHouse party venue in downtown San Jose at 9 a.m., the lawsuit said. “The alcohol-fueled festivities at The GlassHouse commenced with ‘shot-o’clock’ wherein the partners would take shots of hard alcohol to start their day,” the lawsuit alleged.
Caba and others then headed to Kohl Mansion in Burlingame, another event venue, where Caba availed himself of alcohol provided by PwC, the lawsuit claimed.
By 4:30 p.m., the PwC participants had reached San Francisco, and got together just off Market Street at Hotel Zelos, where Caba continued to drink on his company’s dime, the lawsuit alleged.
A PwC-funded dinner, and more drinking by Caba, took place at STK Steakhouse in San Francisco, near the Ferry Building, before the party moved on to the Hawthorn SF nightclub near Union Square, the lawsuit claimed.
“Numerous bottles of hard alcohol, shots, cocktails, and bottles of champagne were made available to all attendees,” the lawsuit alleged.
By the end of Promotion Day, Caba, by his own admission, had consumed at least 11 drinks, “including multiple shots of vodka, multiple cocktails, multiple glasses of wine, and multiple glasses of champagne,” the lawsuit claimed.
Caba, according to the lawsuit, had taken his diabetes drug Metformin that morning, and drank despite having been warned by the prescribing doctor of the dangers of mixing the medication with alcohol, and signing an agreement at the pharmacy that acknowledged he knew of that risk, the lawsuit alleged.
On his way home, Caba was driving erratically, swerving between lanes, the lawsuit claimed. The Tesla’s recorded data showed it hitting 129.59 mph on Highway 85. Meanwhile, Cooper was driving home from his job in a Menlo Park restaurant. Caba came up on Cooper’s car as if it were “standing still,” the lawsuit alleged.
“Caba’s Tesla alerted him to Mr. Cooper’s vehicle, but due to his level of intoxication and excessive speed … Caba ignored the warning signs and plowed right into the rear of Mr. Cooper’s vehicle without applying the brakes,” the lawsuit claimed.
Caba, in connection with the crash, pleaded no contest in January to driving while over the legal alcohol limit, the Santa Clara County District Attorney’s office said. In an August court filing, his lawyer wrote that he “operated a vehicle, allegedly with an excessive (blood-alcohol content), and fell asleep.”
Cooper, who is seeking unspecified damages in the case, suffered severe back injuries that make his job very painful, said his lawyer Christopher Hendricks.
“He is told that he will need lumbar spine surgery in the future,” Hendricks said.