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Case 4:18-cv-00471-KAW

Document 1

Filed 01/22/18

Page 1 of 5

TRINETTE G. KENT (State Bar No. 222020)

Four Embarcadero Center, Suite 1400 San Francisco, CA 94111

Telephone: (480) 247-9644

Facsimile: (480) 717-4781 E-mail: tkent@lemberglaw.com

Of Counsel to Lemberg Law, LLC

43 Danbury Road, 3rd Floor

Wilton, CT 06897 Telephone: (203) 653-2250 Facsimile: (203) 653-3424

Attorneys for Plaintiff, Oscar Willhelm Nilsson

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

Oscar Willhelm Nilsson,

Plaintiff,

vs.

General Motors LLC,

Defendant.

Case No.:

COMPLAINT FOR DAMAGES

1. NEGLIGENCE

JURY TRIAL DEMANDED

This is a personal injury complaint by a motorcyclist injured by a self-driving

vehicle. The Plaintiff, Oscar Willhelm Nilsson, by undersigned counsel, states as

follows:

COMPLAINT FOR DAMAGES

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Case 4:18-cv-00471-KAW

Document 1

Filed 01/22/18

JURISDICTION

Page 2 of 5

1. This Court has jurisdiction over this matter under 28 U.S.C. § 1332 in

that there is complete diversity of citizenship between the parties and the amount in

controversy exceeds $75,000.00.

2. Personal jurisdiction and venue are proper in this District pursuant to 28

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.

PARTIES

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

“Defendant”), is a business entity with a principal place of business at 300

Renaissance Center, Detroit, Michigan 48232. The Manufacturer is in the business of

marketing, supplying, and selling motor vehicles in this District.

ALLEGATIONS OF FACT

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.

6. At the same time and place, Mr. Manuel DeJesus Salazar (hereinafter

“Mr. Salazar”) was in the driver’s seat of a 2016 Chevrolet Bolt vehicle, manufactured

by Defendant General Motors LLC (hereinafter “Self-Driving Vehicle”).

2

COMPLAINT FOR DAMAGES

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Case 4:18-cv-00471-KAW

Document 1

Filed 01/22/18

Page 3 of 5

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 Self-Driving

Vehicle’s steering wheel.

8. At the same time and place, there came a point when Mr. Nilsson was

riding his motorcycle behind the Self-Driving Vehicle.

9. As Mr. Nilsson was riding his motorcycle, Mr. Salazar, travelling directly

in front of Mr. Nilsson, commanded the Self-Driving Vehicle to change lanes to the

left.

10. Once the Self-Driving Vehicle cleared the roadway, Mr. Nilsson

proceeded to travel straight.

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

shoulder and will require lengthy treatment.

13. As a result of the crash, Mr. Nilsson was forced to take disability leave

from his work.

COUNT I NEGLIGENCE

14. The Plaintiff incorporates by reference all of the above paragraphs of this

Complaint as though fully stated herein.

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COMPLAINT FOR DAMAGES

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Case 4:18-cv-00471-KAW

Document 1

Filed 01/22/18

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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

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

to the great detriment of Mr. Nilsson for past, present, and future damages.

PRAYER FOR RELIEF

WHEREFORE, the Plaintiff prays that judgment be entered against the Defendant

as follows:

A. Enter judgment for the Plaintiff and against the Defendant on Count

One of the Complaint;

B. Award damages to the Plaintiff;

C. Award costs and attorneys’ fees to the Plaintiff;

D. Award punitive damages; and

E. Award other relief that the Court deems just and proper.

TRIAL BY JURY DEMANDED ON ALL COUNTS

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COMPLAINT FOR DAMAGES

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Case 4:18-cv-00471-KAW

DATED: January 22, 2018

Document 1

Filed 01/22/18

Page 5 of 5

TRINETTE G. KENT

By:

Trinette G. Kent, Esq. Lemberg Law, LLC Attorney for Plaintiff

/s/

Trinette G. Kent

5

COMPLAINT FOR DAMAGES

JS-CAND 44 (Rev. 07/16)

Case 4:18-cv-00471-KAW

Document 1-1

Filed 01/22/18

CIVIL COVER SHEET

Page 1 of 1

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)

 

NOTE:

(IN U.S. PLAINTIFF CASES ONLY) 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

 

U.S. GovernmentPlaintiff 1 Federal Question (U.S. Government Not a Party) 3

Plaintiff

1

Federal Question (U.S. Government Not a Party) (U.S. Government Not a Party)

3

(For Diversity Cases Only) PTF

DEF

and One Box for Defendant)

PTF

DEF

Citizen of This State

1 1 Incorporated or Principal Place of Business In This State

1 1

Incorporated or Principal Place of Business In This State or Principal Place of Business In This State

1 1 Incorporated or Principal Place of Business In This State

4

Citizen of This State 1 1 Incorporated or Principal Place of Business In This State 4

4

U.S. Government2 Defendant Diversity (Indicate Citizenship of Parties in Item III) 4

2

Defendant

Diversity (Indicate Citizenship of Parties in Item III) (Indicate Citizenship of Parties in Item III)

4

Citizen of Another State

2 2 Incorporated and Principal Place of Business In Another State

2 2

Incorporated and Principal Place of Business In Another State and Principal Place of Business In Another State

2 2 Incorporated and Principal Place of Business In Another State

5

in Item III) 4 Citizen of Another State 2 2 Incorporated and Principal Place of Business

5

Citizen or Subject of a Foreign Country

3 3 Foreign Nation

3 3

Foreign Nation3 3

Citizen or Subject of a Foreign Country 3 3 Foreign Nation 6 6

6

Citizen or Subject of a Foreign Country 3 3 Foreign Nation 6 6

6

IV. NATURE OF SUIT

(Place an “X” in One Box Only)

 

CONTRACT

 

TORTS

   

FORFEITURE/PENALTY

 

BANKRUPTCY

 

OTHER STATUTES

110

Insurance

 

PERSONAL INJURY

PERSONAL INJURY

 

Drug Related Seizure625

625

 

Appeal 28 USC § 158422

422

 

False Claims Act375

375

120

Marine

 

AirplaneAirplane Product 310 315

Airplane ProductAirplane 310 315

310

315

120 Marine   Airplane Airplane Product 310 315 365 Personal Injury – Product Liability    

365

Personal Injury

Product Liability

   

Withdrawal423

423

 

Qui Tam (31 USC376

376

130

Miller Act

 

of Property 21 USC § 881 130 Miller Act   690 Other   28 USC § 157   § 3729(a))

690

Other

 

28

USC § 157

 

§ 3729(a))

140

Negotiable Instrument

Liability

140 Negotiable Instrument Liability 367 Health Care/     400 410 430 450 460 470 480

367

Health Care/

   

400

410

430

450

460

470

480

490

850

State Reapportionment

Antitrust

Banks and Banking

Commerce

Deportation

Racketeer Influenced and Corrupt Organizations

Consumer Credit

Cable/Sat TV

Securities/Commodities/

150

Recovery of Overpayment

 

320

Pharmaceutical Personal Injury

 

PROPERTY RIGHTS

Of Veteran’s Benefits

Assault, Libel & SlanderOf Veteran’s Benefits     Copyrights 820

   

Copyrights820

820

151

Medicare Act

 

Federal Employers’330

330

Product Liability

 

Patent830

830

152

Recovery of Defaulted Student Loans (Excludes Veterans)

 

Liability

152 Recovery of Defaulted Student Loans (Excludes Veterans)   Liability 368 Asbestos Personal   Trademark 840

368

Asbestos Personal

 

Trademark840

840

   

Marine340

340

Injury Product

 
 

Marine Product345

345

Liability

 

LABOR

 

SOCIAL SECURITY

153Recovery of Overpayment of Veteran’s Benefits   Liability PERSONAL PROPERTY   Fair Labor Standards 710

Recovery of Overpayment of Veteran’s Benefits

 

Liability

PERSONAL PROPERTY

 

Fair Labor Standards710

710

 

HIA (1395ff)861

861

 

Motor Vehicle350

350

Truth in Lending370 371 380 Other Fraud Other Personal

370

371

380

Other Fraud

Other Personal

 

Act

 

Black Lung (923)862

862

160 190 195 196

190

195

196

Stockholders’ Suits

 

Motor Vehicle355

355

 

Labor/Management720

720

 

DIWC/DIWW (405(g))863

863

Other Contract

 

Product Liability

 

Relations

 

SSID Title XVI864

864

 

Exchange

Contract Product Liability

 

Other Personal360

360

Property Damage

 

Railway Labor Act740

740

 

RSI (405(g))865

865

890

891

893890 891 895 Other Statutory Actions Agricultural Acts Environmental Matters

895

Other Statutory Actions

Agricultural Acts

Environmental Matters

Franchise

 

Injury

Property Damage385

385

 

751

 
   

362

Product Liability

Family and Medical Leave Act    362 Product Liability

Personal Injury - Medical Malpractice    Other Labor Litigation 790

   

Other Labor Litigation790

790

 

REAL PROPERTY

 

CIVIL RIGHTS

PRISONER PETITIONS

 

791

 

FEDERAL TAX SUITS

 

Freedom of Information Act

 

210  Land Condemnation   Other Civil Rights 440   Habeas Corpus: Employee Retirement Income Security Act

Land Condemnation

 

Other Civil Rights440

440

 

Habeas Corpus:

Employee Retirement Income Security Act  210 Land Condemnation   Other Civil Rights 440   Habeas Corpus:   870 896 Arbitration

 

870

896Arbitration

Arbitration

 

220  Foreclosure   Voting 441   Alien Detainee 463 Taxes (U.S. Plaintiff or Defendant) 899

Foreclosure

 

Voting441

441

 

Alien Detainee463

463

Taxes (U.S. Plaintiff or Defendant)  220 Foreclosure   Voting 441   Alien Detainee 463 899 Administrative Procedure

899Administrative Procedure

Administrative Procedure

 

230  Rent Lease & Ejectment   Employment 442   Motions to Vacate 510   IRS –

Rent Lease & Ejectment

 

Employment442

442

 

Motions to Vacate510

510

 

IRS– Third Party Third Party

871

 

Act/Review or Appeal of

 

240  Torts to Land   Housing/ 443   Sentence   26 USC § 7609 Agency Decision

Torts to Land

 

Housing/443

443

 

Sentence

 

26

USC § 7609

Agency Decision

 

245  Tort Product Liability   Accommodations   General 530   950

Tort Product Liability

 

Accommodations

 

General530

530

 

950  245 Tort Product Liability   Accommodations   General 530  

 

290  All Other Real Property   445   Death Penalty 535   IMMIGRATION   Constitutionality of

All Other Real Property

 

445

 

Death Penalty535

535

 

IMMIGRATION

 

Constitutionality of State Statutes

 

Amer. w/Disabilities– Employment Employment

 

Other:

 

Naturalization Application462

462

 
 

446

 

Mandamus & Other540

540

 

Other Immigration465

465

Amer. w/Disabilities– Other Other

 

Civil Rights550

550

 

Actions

 

Education448

448

 

Prison Condition555

555

 
   

560

Civil Detainee– Conditions of Conditions of

 

Confinement

V. ORIGIN (Place an “X” in One Box Only)

Confinement V. ORIGIN (Place an “X” in One Box Only) 1 Original Proceeding 2 Removed from

1 Original

Proceeding

(Place an “X” in One Box Only) 1 Original Proceeding 2 Removed from State Court 3

2 Removed from State Court

Box Only) 1 Original Proceeding 2 Removed from State Court 3 Remanded from Appellate Court 4

3 Remanded from Appellate Court

2 Removed from State Court 3 Remanded from Appellate Court 4 Reinstated or Reopened 5 Transferred

4 Reinstated or Reopened

3 Remanded from Appellate Court 4 Reinstated or Reopened 5 Transferred from Another District (specify) 6

5 Transferred from Another District

(specify)

or Reopened 5 Transferred from Another District (specify) 6 Multidistrict Litigation–Transfer 8 Multidistrict

6 Multidistrict

Litigation–Transfer

8 MultidistrictDistrict (specify) 6 Multidistrict Litigation–Transfer Litigation–Direct File VI. CAUSE OF ACTION Cite the U.S.

Litigation–Direct File

VI. CAUSE OF ACTION

Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):

28 U.S.C. § 1332

Brief description of cause:

Negligence

VII. REQUESTED IN

Brief description of cause: Negligence VII. REQUESTED IN CHECK IF THIS IS A CLASS ACTION UNDER

CHECK IF THIS IS A CLASS ACTION UNDER RULE 23, Fed. R. Civ. P.

DEMAND $

250,000.00

CHECK YES only if demanded in complaint:

COMPLAINT:

JURY DEMAND:

COMPLAINT: JURY DEMAND: Yes No

Yes

COMPLAINT: JURY DEMAND: Yes No

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)

(Civil Local Rule 3-2) (Place an “X” in One Box Only ) SAN FRANCISCO/OAKLAND SAN JOSE

SAN FRANCISCO/OAKLAND

(Place an “X” in One Box Only ) SAN FRANCISCO/OAKLAND SAN JOSE EUREKA-MCKINLEYVILLE DATE: 01/22/2018 SIGNATURE

SAN JOSE

an “X” in One Box Only ) SAN FRANCISCO/OAKLAND SAN JOSE EUREKA-MCKINLEYVILLE DATE: 01/22/2018 SIGNATURE OF

EUREKA-MCKINLEYVILLE

DATE:

01/22/2018

SIGNATURE OF ATTORNEY OF RECORD:

in One Box Only ) SAN FRANCISCO/OAKLAND SAN JOSE EUREKA-MCKINLEYVILLE DATE: 01/22/2018 SIGNATURE OF ATTORNEY OF