Case 4:18-cv-00471-KAW Document 1 Filed 01/22/18 Page 1 of 5
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TRINETTE G. KENT (State Bar No. 222020) 2 Four Embarcadero Center, Suite 1400 San Francisco, CA 94111 3 Telephone: (480) 247-9644 4 Facsimile: (480) 717-4781 E-mail:
[email protected] 5
Of Counsel to Lemberg Law, LLC 7 43 Danbury Road, 3rd Floor 8 Wilton, CT 06897 Telephone: (203) 653-2250 9 Facsimile: (203) 653-3424 6
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Attorneys for Plaintiff, 11 Oscar Willhelm Nilsson 12 13 14
UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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Oscar W he m N sson, Plaintiff,
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vs.
Case No.: COMPLAINT FOR DAMAGES 1. NEGLIGENCE
General Motors LLC, Defendant.
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JURY TRIAL DEMANDED
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This is a personal injury complaint by a motorcyclist injured by a self-driving vehicle. The Plaintiff, Oscar Willhelm Willhelm Nilsson, by undersigned counsel, states as follows:
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COMPLAINT FOR DAMAGES
Case 4:18-cv-00471-KAW Document 1 Filed 01/22/18 Page 2 of 5
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JURISDICTION
1.
This Court has jurisdiction over this matter under 28 U.S.C. § 1332 in
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that there is complete diversity of citizenship between the parties an d the amount in controversy exceeds $75,000.00. 2.
Personal jurisdiction and venue are proper in this District pursuant to 28
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U.S.C. § 1391(b) in that Defendant transacts business here and a substantial portion of the acts giving rise to this action occurred here.
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PARTIES
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3.
The Plaintiff, Oscar Willhelm Nilsson (hereafter “Mr. Nilsson”), is an
adult individual residing at San Francisco, California. 4.
Defendant, General Motors LLC (hereafter the “Manufacturer,” and/or
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“Defendant”), is a business entity with a principal place of business at 300
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Renaissance Center, Detroit, Michigan Michigan 48232. The Manufacturer is in the the business of
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marketing, supplying, and selling motor vehicles in this District.
19 ALLEGATIONS OF FACT
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5.
On the morning of December 7, 2017, Mr. Nilsson was proceeding east
on the middle lane of Oak Street on his motorcycle in the city of San Francisco, California.
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6.
At the same time and place, Mr. Manuel DeJesus Salazar (hereinafter
“Mr. Salazar”) was in the driver’s d river’s seat of a 2016 Chevrolet Bolt vehicle, manufactured by Defendant General Motors LLC (hereinafter “Self-Driving Vehicle”). 2
COMPLAINT FOR DAMAGES
Case 4:18-cv-00471-KAW Document 1 Filed 01/22/18 Page 3 of 5
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7.
At the same time and place, Mr. Salazar had the Self-Driving Vehicle
engaged in a self-driving mode, and he kept his hands off of the t he Self-Driving Vehicle’s steering wheel.
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8.
At the same time and place, there came a point when Mr. Nilsson was
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riding his motorcycle behind the Self-Driving Vehicle. 9.
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As Mr. Nilsson was riding his motorcycle, Mr. Salazar, travelling directly
in front of Mr. Mr . Nilsson, commanded the Self-Driving Vehicle to change lanes to the
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left. 10.
Once the Self-Driving Vehicle cleared the roadway, Mr. Nilsson
proceeded to travel straight.
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11.
However, at the same time, the Self-Driving Vehicle suddenly veered
back into Mr. Nilsson’s lane, striking Mr. Nilsson and knocking him to the ground. 12.
As a result of the crash, Mr. Nilsson suffered injuries to his neck and
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shoulder and will require lengthy treatment. 13.
As a result of the crash, Mr. Nilsson was forced to take disability leave
from his work.
22 COUNT I NEGLIGENCE
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14.
The Plaintiff incorporates by reference all of the above paragraphs of this
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Complaint as though fully stated herein.
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COMPLAINT FOR DAMAGES
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15.
Defendant owed Plaintiff a duty of care in having its Self-Driving
Vehicle operate in a manner in which it obeys the traffic laws and regulations. 16.
Defendant breached that duty in that its Self-Driving Vehicle drove in
such a negligent manner that it veered into an adjacent lane of traffic without regard
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for a passing motorist, striking Mr. Nilsson and knocking him to the ground. 17.
As a result of such negligent driving, Mr. Nilsson sustained serious
injuries of body and mind and incurred expenses for medical care and attendance, all
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to the great detriment of Mr. Nilsson for past, present, and future damages. PRAYER FOR RELIEF
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WHEREFORE, the Plaintiff prays that judgment be entered against the Defendant as follows:
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A. Enter judgment for the Plaintiff and against the Defendant on Count One of the Complaint; B. Award damages to the Plaintiff;
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C. Award costs and attorneys’ fees to the Plaintiff;
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D. Award punitive damages; and
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E. Award other relief that the Court deems just and proper.
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TRIAL BY JURY DEMANDED ON ALL COUNTS
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COMPLAINT FOR DAMAGES
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DATED: January 22, 2018
TRINETTE G. KENT
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By: /s/ Trinette G. Kent Trinette G. Kent, Esq. Lemberg Law, LLC Attorney for Plaintiff
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COMPLAINT FOR DAMAGES
Case 4:18-cv-00471-KAW Document 1-1 Filed 01/22/18 Page 1 of 1
JS-CAND 44 (Rev. 07/16)
CIVIL COVER SHEET
The JS-CAND 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided by local rules of court. This form, approved in its original form by the Judicial Conference of the United States in September 1974, is required for the Clerk of Court to initiate the civil docket sheet. (SEE INSTRUCTIONS INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)
I. (a) PLAINTIFFS
DEFENDANTS
Oscar Willhelm Nilsson,
General Motors LLC,
(b) County of Residence of First Listed Plaintiff
County of Residence of First Listed Defendant
County of San Francisco
(EXCEPT IN U.S. PLAINTIFF CASES)
State of Michigan
(IN U.S. PLAINTIFF CASES ONLY) NOTE: IN LAND CONDEMNAT CONDEMNATION ION CASES, USE USE THE LOCATION LOCATION OF THE TRACT OF LAND INVOLVED. Attorneys (If Known)
(c) Attorneys (Firm Name, Address, and Telephone Number)
Lemberg Law, LLC, Four Embarcadero Center, Suite 1400; San Francisco, CA 94111; (480) 247-9644 II. BASIS OF JURISDICTION (Place an “X” in One Box Only) 1
U.S. Government
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(U.S. Government Not a Party)
U.S. Government Defendant
4 Diversit (Indicate Citizenship Citizenship o Parties in Item III)
IV. NATURE OF SUIT
TORTS
110 Insurance 120 Marine 130 Miller Act 140 Negotiable Instrument 150 Recover Recover of Over a ment ment Of Veteran’s Benefits 151 Medicare Act 152 Recovery of Defaulted Student Loans (Excludes Veterans) 153 153 Reco Recover ver of Over Over a ment ment of Veteran’s Benefits 160 Stockholders’ Suits 190 Other Contract 195 Contract Product Liability 196 Franchise
REAL PROPERTY 210 Land Condemnation 220 Foreclosure 230 Rent Lease & Ejectment 240 Torts to Land 245 Tort Product Product Liabilit Liabilit 290 All Other Other Real Propert Propert
PERSONAL INJURY 310 Airplane 315 Airplane Product Liability 320 Assault, Assault, Libel Libel & Slander 330 Federal Employers’ Liability 340 Marine 345 Marine Product Liab Liabil ilit it 350 Motor Vehicle 355 Motor Vehicle Product Liability 360 Other Personal Injury 362 Personal Injury Medical Malpractice
PERSONAL INJURY 365 Personal Injury – Product Liability 367 Health Care/ Pharmaceut Pharmaceutical ical Personal Injury Product Liability 368 Asbestos Personal Injury Product Liabilit PERSONAL PROPERTY 370 Other Fraud 371 Truth in Lending 380 Other Personal Property Damage 385 Property Damage Product Liabilit
CIVIL RIGHTS 440 Other Civil Rights 441 Voting 442 Employment 443 Housing/ Accommodations
PRISONER PETITIONS Habeas Corpus: 463 Alien Detainee 510 Motions to Vacate Sentence 530 General 535 Death Penalty 445 Amer. w/Disabilities – Other: Employment 540 540 Man Manda dam mus & Oth Othee 446 Amer. w/Disabilities – Othe 550 Civil Rights 448 Education 555 Prison Condition 560 Civil Detainee – Conditions of Confinement
V. ORIGIN (Place an “X” in One Box Only) 1 Original Proceeding
and and One One Box Box for for Defe Defend ndan ant) t) PTF DEF
DE DEF
Citizen of This State
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1 Incor orated or Pr P rinci al Place of Business In This State
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Citizen of Another State
2
2 Incor orated and Pr Princi al Place of Business In Another State
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Citizen or Subject of a Foreign Country
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3 Foreign Nation
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6
(Place an “X” in One Box Only)
CONTRACT
(For (For Dive Divers rsit ityy Case Casess Only Only)) PTF
3 Federal Question
Plaintiff
III. CITIZENSHIP OF PRINCIPAL PRINCIPAL PARTIES PARTIES (Place an “X” in One Box for Plaintiff
2 Removed from State Court
3 Remanded from Appellate Court
FORFEITURE/PENALTY
BANKRUPTCY
625 Drug Related Seizure of Property 21 USC § 881 690 Other
422 Appeal 28 USC § 158 423 Withdrawal 28 USC § 157 PROPERTY RIGHTS 820 Copyrights 830 Patent 840 Trademark
LABOR 710 710 Fair Fair Labo Laborr Stan Standa dard rdss Act 720 Labor/Management Labor/Management Relations 740 Railway Labor Act 751 Family and Medical Leave Act 790 Other Labor Litigation 791 Employee Retirement Income Security Act
SOCIAL SECURITY 861 861 HIA HIA (139 (1395f 5ff) f) 862 Black Lung (923) 863 DIWC/DIWW DIWC/DIWW (405(g)) 864 SSID Title XVI 865 RSI (405(g))
FEDERAL TAX SUITS 870 Taxes (U.S. Plaintiff or Defendant)
871 IRS – Third Third Party 26 USC § 7609 IMMIGRATION 462 Naturalization Naturalization Application 465 465 Oth Other er Immi Immigr grat atio ion n Actions
4 Reinst Reinstate ated d or Reopened
5 Transferre Transferred d from from Another District (specify)
6 Multidistrict Litigation–Transfer
OTHER STATUTES
375 False Claims Act 376 Qui Tam (31 USC § 3729(a)) 400 State Reapportionment Reapportionment 410 Antitrust 430 Banks and Banking 450 Commerce 460 Deportation 470 Racketeer Influenced and Corru Corru t Organiza Organization tionss 480 480 Cons Consum umer er Cred Credit it 490 Cable/Sat TV 850 Securities/Commodities/ Securities/Commodities/ Exchange 890 Other Statutory Actions 891 Agricultural Acts 893 Environmental Matters 895 Freedom of Information Act 896 Arbitration 899 Administrative Procedure Act/Review or Appeal of Agency Decision 950 Constitutionality of State Statutes
8 Multidistrict Litigation–Direct File
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity ) ): 28 U.S.C. § 1332
VI. CAUSE OF ACTION Brief description of cause: Negligence
CHECK YES only if demanded in complaint: DEMAND $ 250,000.00 VII. REQUESTED IN CHECK IF THIS IS A CLASS ACTION UNDER RULE 23, Fed. R. Civ. P. COMPLAINT: Yes No JURY DEMAND: VIII. VIII . RELATED CASE(S), IF ANY (See instructions): JUDGE DOCKET NUMBER IX. DIVISIONAL ASSIGNMENT (Civil Local Rule 3-2) (Place an “X” in One Box Only ) SAN FRANCISCO/OAKLAN FRANCISCO/OAKLAND D SAN JOSE EUREKA-MCKINLEYVILLE EUREKA-MCKINLEYV ILLE
DATE: 01/22/2018
SIGNATURE OF ATTORNEY OF RECORD:
