Tesla Motors Inc.’s (NASDAQ: TSLA) market capitalization is $35 billion. That of General Motors Co. (NYSE: GM) is $55 billion. Can Tesla pass GM by this measure? It is not out of the question, because Tesla’s shares are surging and GM’s legal woes due to recalls and the impact this could have on earnings are not over.

Tesla shares are at an all-time high of about $270. That is up from a 52-week low of $116. GM trades at $34, down from a 52-week high of nearly $42. Perhaps more telling, GM’s shares are flat over five years, while the S&P 500 has risen 60%. Some of the drop is due to GM’s horrible lack of sales in Europe. However, that trouble does not account for all of the fall. The market expects that the deaths caused by faulty ignitions could cost the company billions in profits and may even trigger a decline in vehicle sales.

The greatest contrast between GM and Tesla is in sales. GM’s revenue last year was $155 billion, and its global deliveries of vehicles were 9.7 million. Tesla’s sales last year were just over $2 billion. But it shipped fewer than 10,000 cars. Granted, Tesla’s growth is incredible. Its revenue rose to $769 million in the second quarter of this year, compared to $405 million in the same period a year ago.