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Case 4:18-cv-00471-KAW Document 1 Filed 01/22/18 Page 1 of 5

1 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: tkent@lemberglaw.com
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6 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
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Attorneys for Plaintiff,
11 Oscar Willhelm Nilsson
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14 UNITED STATES DISTRICT COURT
15 NORTHERN DISTRICT OF CALIFORNIA

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Oscar Willhelm Nilsson, Case No.:
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Plaintiff, COMPLAINT FOR DAMAGES
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vs. 1. NEGLIGENCE
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General Motors LLC,
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Defendant. JURY TRIAL DEMANDED
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23 This is a personal injury complaint by a motorcyclist injured by a self-driving

24 vehicle. The Plaintiff, Oscar Willhelm Nilsson, by undersigned counsel, states as
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follows:
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COMPLAINT FOR DAMAGES
Case 4:18-cv-00471-KAW Document 1 Filed 01/22/18 Page 2 of 5

1 JURISDICTION
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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 and the amount in
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5 controversy exceeds $75,000.00.
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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
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9 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
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13 adult individual residing at San Francisco, California.
14 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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17 Renaissance Center, Detroit, Michigan 48232. The Manufacturer is in the business of
18 marketing, supplying, and selling motor vehicles in this District.
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ALLEGATIONS OF FACT
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21 5. On the morning of December 7, 2017, Mr. Nilsson was proceeding east

22 on the middle lane of Oak Street on his motorcycle in the city of San Francisco,
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California.
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25 6. At the same time and place, Mr. Manuel DeJesus Salazar (hereinafter

26 “Mr. Salazar”) was in the driver’s seat of a 2016 Chevrolet Bolt vehicle, manufactured
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by Defendant General Motors LLC (hereinafter “Self-Driving Vehicle”).
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2 COMPLAINT FOR DAMAGES
Case 4:18-cv-00471-KAW Document 1 Filed 01/22/18 Page 3 of 5

1 7. At the same time and place, Mr. Salazar had the Self-Driving Vehicle
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engaged in a self-driving mode, and he kept his hands off of the Self-Driving
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4 Vehicle’s steering wheel.
5 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.
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8 9. As Mr. Nilsson was riding his motorcycle, Mr. Salazar, travelling directly
9 in front of Mr. Nilsson, commanded the Self-Driving Vehicle to change lanes to the
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left.
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12 10. Once the Self-Driving Vehicle cleared the roadway, Mr. Nilsson
13 proceeded to travel straight.
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11. However, at the same time, the Self-Driving Vehicle suddenly veered
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16 back into Mr. Nilsson’s lane, striking Mr. Nilsson and knocking him to the ground.
17 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.
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20 13. As a result of the crash, Mr. Nilsson was forced to take disability leave
21 from his work.
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COUNT I
23 NEGLIGENCE
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14. The Plaintiff incorporates by reference all of the above paragraphs of this
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26 Complaint as though fully stated herein.
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3 COMPLAINT FOR DAMAGES
Case 4:18-cv-00471-KAW Document 1 Filed 01/22/18 Page 4 of 5

1 15. Defendant owed Plaintiff a duty of care in having its Self-Driving
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Vehicle operate in a manner in which it obeys the traffic laws and regulations.
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4 16. Defendant breached that duty in that its Self-Driving Vehicle drove in

5 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.
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8 17. As a result of such negligent driving, Mr. Nilsson sustained serious
9 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.
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12 PRAYER FOR RELIEF
13 WHEREFORE, the Plaintiff prays that judgment be entered against the Defendant
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as follows:
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16 A. Enter judgment for the Plaintiff and against the Defendant on Count

17 One of the Complaint;
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B. Award damages to the Plaintiff;
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20 C. Award costs and attorneys’ fees to the Plaintiff;

21 D. Award punitive damages; and
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E. Award other relief that the Court deems just and proper.
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24 TRIAL BY JURY DEMANDED ON ALL COUNTS

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4 COMPLAINT FOR DAMAGES
Case 4:18-cv-00471-KAW Document 1 Filed 01/22/18 Page 5 of 5

1 DATED: January 22, 2018 TRINETTE G. KENT
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3 By: /s/ Trinette G. Kent
4 Trinette G. Kent, Esq.
Lemberg Law, LLC
5 Attorney for Plaintiff
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5 COMPLAINT FOR DAMAGES
JS-CAND 44 (Rev. 07/16) Case 4:18-cv-00471-KAW Document 1-1 Filed 01/22/18 Page 1 of 1
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 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 San Francisco County of Residence of First Listed Defendant State of Michigan
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.
(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)

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) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff
(For Diversity Cases Only) and One Box for Defendant)
1 U.S. Government 3 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Government Not a Party) Citizen of This State 1 1 Incorporated or Principal Place 4 4
of Business In This State
2 U.S. Government 4 Diversity Citizen of Another State 2 2 Incorporated and Principal Place 5 5
Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State
Citizen or Subject of a 3 3 Foreign Nation 6 6
Foreign Country
IV. NATURE OF SUIT (Place an “X” in One Box Only)
CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES
110 Insurance PERSONAL INJURY PERSONAL INJURY 625 Drug Related Seizure 422 Appeal 28 USC § 158 375 False Claims Act
120 Marine 310 Airplane 365 Personal Injury – of Property 21 USC § 881 423 Withdrawal 376 Qui Tam (31 USC
130 Miller Act 315 Airplane Product Product Liability 690 Other 28 USC § 157 § 3729(a))
140 Negotiable Instrument Liability 367 Health Care/ 400 State Reapportionment
150 Recovery of Overpayment 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS 410 Antitrust
Of Veteran’s Benefits Slander Personal Injury 820 Copyrights 430 Banks and Banking
151 Medicare Act 330 Federal Employers’ Product Liability 830 Patent 450 Commerce
152 Recovery of Defaulted Liability 368 Asbestos Personal 840 Trademark 460 Deportation
Student Loans 340 Marine Injury Product 470 Racketeer Influenced and
(Excludes Veterans) 345 Marine Product Liability LABOR SOCIAL SECURITY Corrupt Organizations
153 Recovery of Overpayment Liability PERSONAL PROPERTY 710 Fair Labor Standards 861 HIA (1395ff) 480 Consumer Credit
of Veteran’s Benefits 350 Motor Vehicle 370 Other Fraud Act 862 Black Lung (923) 490 Cable/Sat TV
160 Stockholders’ Suits 355 Motor Vehicle 371 Truth in Lending 720 Labor/Management 863 DIWC/DIWW (405(g)) 850 Securities/Commodities/
190 Other Contract Product Liability 380 Other Personal Relations 864 SSID Title XVI Exchange
195 Contract Product Liability 360 Other Personal Property Damage 740 Railway Labor Act 865 RSI (405(g)) 890 Other Statutory Actions
196 Franchise Injury 385 Property Damage 751 Family and Medical 891 Agricultural Acts
362 Personal Injury - Product Liability Leave Act 893 Environmental Matters
Medical Malpractice 790 Other Labor Litigation 895 Freedom of Information
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS 791 Employee Retirement FEDERAL TAX SUITS Act
210 Land Condemnation 440 Other Civil Rights Habeas Corpus: Income Security Act 870 Taxes (U.S. Plaintiff 896 Arbitration
220 Foreclosure 441 Voting 463 Alien Detainee or Defendant) 899 Administrative Procedure
230 Rent Lease & Ejectment 442 Employment 510 Motions to Vacate 871 IRS–Third Party Act/Review or Appeal of
240 Torts to Land 443 Housing/ Sentence 26 USC § 7609 Agency Decision
245 Tort Product Liability Accommodations 530 General 950 Constitutionality of
290 All Other Real Property 445 Amer. w/Disabilities– 535 Death Penalty IMMIGRATION State Statutes
Employment Other: 462 Naturalization Application
446 Amer. w/Disabilities– 540 Mandamus & Other 465 Other Immigration
Other 550 Civil Rights Actions
448 Education 555 Prison Condition
560 Civil Detainee–
Conditions of
Confinement
V. ORIGIN (Place an “X” in One Box Only)
1 Original 2 Removed from 3 Remanded from 4 Reinstated or 5 Transferred from 6 Multidistrict 8 Multidistrict
Proceeding State Court Appellate Court Reopened Another District Litigation–Transfer Litigation–Direct File
(specify)
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

VII. REQUESTED IN CHECK IF THIS IS A CLASS ACTION DEMAND $ 250,000.00 CHECK YES only if demanded in complaint:
COMPLAINT: UNDER RULE 23, Fed. R. Civ. P. JURY DEMAND: Yes No
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/OAKLAND SAN JOSE EUREKA-MCKINLEYVILLE

DATE: 01/22/2018 SIGNATURE OF ATTORNEY OF RECORD: