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This case was last updated from PACER on 06/11/2021 at 19:12:28 (UTC).

Alexander v. Nissan North America Incorporated et al

Case Summary

On April 12, 2021, David Alexander (“Plaintiff”), represented by Afnan Shukry, Jonathan Ambrose Michaels, and Kseniya Yuriyivna Stupak of MLG APLC, filed a personal injury lawsuit against Nissan North America, Inc. & others (“Defendants”), seeking compensatory relief with interest and costs for alleged negligence, strict liability and breach of warranty on behalf of the Defendants. This case was filed in the U.S. District Courts for the District of Arizona with Judge Michael T. Morrissey presiding. 

 

In its complaint, the Plaintiff alleged that “Defendant Nissan North America, Inc. is a large producer of consumer automobiles, producing millions of vehicles that are distributed throughout the United States and other consumer-oriented countries. One of the vehicles that has been long massed produced by Nissan is the 2017 Infinity QX80. In 2017, Plaintiff David Alexander and his wife Juana Alexander, purchased a 2017 Infinity QX80 (VIN: JN8AZ2NFXH9641266). Plaintiff’s motivation for purchasing the Infinity was to obtain a safely designed and manufactured vehicle for himself and his family. At the time of a purchase, Nissan repeatedly published advertisements to consumers that the Infinity QX80 was masterfully designed and skillfully crafted with every detail, including advanced technology and safety features and disseminated these advertisements through its dealer network. On September 12, 2019, Plaintiff David Alexander was involved in an accident as a passenger, when his wife, Juana Alexander, was driving the 2017 Infinity QX80in Phoenix, Arizona. The Alexanders were stopped on the I-10 HOV lane travelling westbound when the traffic quickly stopped and the vehicle behind them collided with their vehicle causing them to move forward and collide with the vehicle in front of their vehicle. As the result of the accident Plaintiff David Alexander’s seat became dislodged from the track causing David to go forward and hit his head. As a result of the unexpected seat displacement, David suffered injuries to his head, neck, and back, as well as other bodily injuries. Had the vehicle operated properly, David’s injuries would have been significantly less severe.”

 

The Plaintiff further alleged that “Immediately after the accident David went to the hospital where he was treated for the severe injuries to his brain and other parts of his body. Had the 2017 Infinity QX80 seats not been defective, David would not have been injured or his injuries would have been less severe. As a direct result of the accident, Plaintiff David Alexander suffered permanent damage to his brain. David has undergone multiple exams and treatments for a serious brain injury. He will suffer permanent pain, scarring and disfigurement as the result of the defective seat. The Plaintiff did not know, nor could he have reasonably known, that the seat would become dislodged from the track. Had Plaintiff David Alexander known about the Infinity QX80’s defective seat adjustment at the date of purchase, he and his wife would have either demanded its immediate repair and replacement or never would have purchased the vehicle at all, and he never would have been a passenger in the 2017 Infinity QX80.”

 

There are five claims for relief laid down by the Plaintiff. The first claim is for alleged negligence. The second claim is for strict liability for an alleged design defect. The third claim is for strict liability for an alleged manufacturing defect. The fourth claim is for alleged breach of express warranty. The fifth claim is for alleged breach of the implied warranty of merchantability.

 

In its prayer for relief, the Plaintiff has requested the court to order compensatory damages with interest, reasonable attorneys’ fees, and cost of suit herein incurred.

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    2:21-CV-00618

  • Filing Date:

    04/12/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Motor Vehicle Product Liability

  • Court:

    U.S. District Courts

  • Courthouse:

    Arizona District

Judge Details

Presiding Judges

Michael T Morrissey

Susan M Brnovich

 

Party Details

Plaintiff

David Alexander

Defendants

Unknown Parties

Nissan North America Incorporated

Attorney/Law Firm Details

Plaintiff Attorneys

Afnan Shukry

Attorney at MLG APLC

600 Anton Blvd., Ste. 1240

Costa Mesa, CA 92626

Jonathan Ambrose Michaels

Attorney at MLG APLC

600 Anton Blvd., Ste. 1240

Costa Mesa, CA 92626

Kseniya Yuriyivna Stupak

Attorney at MLG APLC

600 Anton Blvd., Ste. 1240

Costa Mesa, CA 92626

Defendant Attorneys

Briana Lynn Campbell

Attorney at Klein Thomas & Lee

340 E Palm Lane, Ste. A310

Phoenix, AZ 85004

Paul Robert Lee

Attorney at Klein Thomas & Lee

340 E Palm Lane, Ste. A310

Phoenix, AZ 85004

Thomas M Klein

Attorney at Klein Thomas & Lee

340 E Palm Lane, Ste. A310

Phoenix, AZ 85004

 

Court Documents

#17

(#17) NOTICE re: Non-Party at Fault by Nissan North America Incorporated . (Klein, Thomas) (Entered: 05/18/2021)

#16

(#16) ORDER SETTING RULE 16 CASE MANAGEMENT CONFERENCE Pursuant to Rule 16 of the Federal Rules of Civil Procedure, a Telephonic Case Management Conference is set for 6/30/2021 at 8:45 a.m. (15 minutes allowed). The parties will receive dial-in instructions for connecting to the teleconference via electronic mail prior to the hearing. See attached order for complete details. Signed by Judge Susan M. Brnovich on 5/12/2021. (ESG) (Entered: 05/12/2021)

#15

(#15) ORDER that motions pursuant to Fed. R. Civ. P. 12(b) are discouraged if the defect can be cured by filing an amended pleading. The parties must meet and confer prior to the filing of such motions to determine whether it can be avoided. FURTHER ORDERED that Plaintiff(s) serve a copy of this Order upon Defendant(s) and file a notice of service. See attached Order for complete details. Signed by Judge Susan M. Brnovich on 5/12/2021. (ESG) (Entered: 05/12/2021)

#14

(#14) ORDER Any motions, responses or replies filed for which a courtesy copy is not delivered to the Court, as required, will be stricken and not considered. Signed by Judge Susan M. Brnovich on 5/12/2021. (ESG) (Entered: 05/12/2021)

#10

(#10) Corporate Disclosure Statement by Nissan North America Incorporated. (Klein, Thomas) (Entered: 05/07/2021)

7 #1

Consent Form

#7

(#7) Magistrate Election Form Deadline. (Attachments: #1 Consent Form)(MAP) (Entered: 05/06/2021)

#6

(#6) ANSWER to #1 Complaint with Jury Demand by Nissan North America Incorporated.(Klein, Thomas) (Entered: 05/05/2021)

#5

(#5) SERVICE EXECUTED filed by David Alexander: Proof of Service re: Complaint, Civil Case Cover Sheet, Summons upon Nissan North America, Inc. on 4/15/2021. (Michaels, Jonathan) (Entered: 04/16/2021)

#4

(#4) Summons Issued as to Nissan North America Incorporated. (MCO). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (Entered: 04/12/2021)

#3

(#3) Filing fee paid, receipt number 0970-19348308. This case has been assigned to the Honorable Michael T Morrissey. All future pleadings or documents should bear the correct case number: CV-21-618-PHX-MTM. Magistrate Election form attached. (MCO) (Entered: 04/12/2021)

#2

(#2) SUMMONS Submitted by David Alexander. (Michaels, Jonathan) (MCO) (Entered: 04/12/2021)

1 #1

Civil Cover Sheet

#1

(#1) COMPLAINT. Filing fee received: $ 402.00, receipt number 0970-19348308 filed by David Alexander. (Michaels, Jonathan) (Attachments: #1 Civil Cover Sheet)(MCO) (Entered: 04/12/2021)

4 More Documents Available
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Docket Entries

  • 05/18/2021
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  • Docket(#17) NOTICE re: Non-Party at Fault by Nissan North America Incorporated . (Klein, Thomas) (Entered: 05/18/2021)

    Read MoreRead Less
  • 05/12/2021
  • View Court Documents
  • Docket(#16) ORDER SETTING RULE 16 CASE MANAGEMENT CONFERENCE Pursuant to Rule 16 of the Federal Rules of Civil Procedure, a Telephonic Case Management Conference is set for 6/30/2021 at 8:45 a.m. (15 minutes allowed). The parties will receive dial-in instructions for connecting to the teleconference via electronic mail prior to the hearing. See attached order for complete details. Signed by Judge Susan M. Brnovich on 5/12/2021. (ESG) (Entered: 05/12/2021)

    Read MoreRead Less
  • 05/12/2021
  • View Court Documents
  • Docket(#15) ORDER that motions pursuant to Fed. R. Civ. P. 12(b) are discouraged if the defect can be cured by filing an amended pleading. The parties must meet and confer prior to the filing of such motions to determine whether it can be avoided. FURTHER ORDERED that Plaintiff(s) serve a copy of this Order upon Defendant(s) and file a notice of service. See attached Order for complete details. Signed by Judge Susan M. Brnovich on 5/12/2021. (ESG) (Entered: 05/12/2021)

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  • 05/12/2021
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  • Docket(#14) ORDER Any motions, responses or replies filed for which a courtesy copy is not delivered to the Court, as required, will be stricken and not considered. Signed by Judge Susan M. Brnovich on 5/12/2021. (ESG) (Entered: 05/12/2021)

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  • 05/10/2021
  • Docket(#13) MINUTE ORDER: Pursuant to Local Rule 3.7(b), a request has been received for a random reassignment of this case to a District Judge. FURTHER ORDERED Case reassigned by random draw to Judge Susan M Brnovich. All further pleadings/papers should now list the following COMPLETE case number: CV-21-618-PHX-SRB. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) (Entered: 05/10/2021)

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  • 05/07/2021
  • Docket(#12) Party Elects Assignment of Case to District Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) (Entered: 05/10/2021)

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  • 05/07/2021
  • Docket(#11) Agreement to Magistrate Judge Jurisdiction. Party agrees to Magistrate Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) (Entered: 05/10/2021)

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  • 05/07/2021
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  • Docket(#10) Corporate Disclosure Statement by Nissan North America Incorporated. (Klein, Thomas) (Entered: 05/07/2021)

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  • 05/05/2021
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  • Docket(#7) Magistrate Election Form Deadline. (Attachments: #1 Consent Form)(MAP) (Entered: 05/06/2021)

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  • 05/05/2021
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  • Docket(#6) ANSWER to #1 Complaint with Jury Demand by Nissan North America Incorporated.(Klein, Thomas) (Entered: 05/05/2021)

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  • 04/16/2021
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  • Docket(#5) SERVICE EXECUTED filed by David Alexander: Proof of Service re: Complaint, Civil Case Cover Sheet, Summons upon Nissan North America, Inc. on 4/15/2021. (Michaels, Jonathan) (Entered: 04/16/2021)

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  • 04/12/2021
  • DocketRemark: Pro hac vice motion(s) granted for Jonathan Ambrose Michaels, Kseniya Yuriyivna Stupak, Afnan Shukry on behalf of Plaintiff David Alexander. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) (Entered: 04/12/2021)

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  • 04/12/2021
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  • Docket(#4) Summons Issued as to Nissan North America Incorporated. (MCO). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (Entered: 04/12/2021)

    Read MoreRead Less
  • 04/12/2021
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  • Docket(#3) Filing fee paid, receipt number 0970-19348308. This case has been assigned to the Honorable Michael T Morrissey. All future pleadings or documents should bear the correct case number: CV-21-618-PHX-MTM. Magistrate Election form attached. (MCO) (Entered: 04/12/2021)

    Read MoreRead Less
  • 04/12/2021
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  • Docket(#2) SUMMONS Submitted by David Alexander. (Michaels, Jonathan) (MCO) (Entered: 04/12/2021)

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  • 04/12/2021
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  • Docket(#1) COMPLAINT. Filing fee received: $ 402.00, receipt number 0970-19348308 filed by David Alexander. (Michaels, Jonathan) (Attachments: #1 Civil Cover Sheet)(MCO) (Entered: 04/12/2021)

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