EXHIBIT 1
`
`EXHIBIT 1
`
`Case 3:20-cv-00037 Document 1-1 Filed 01/10/20 Page 1 of 12 PageID #: 7
`Case 3:20-cv-00037 Document 1-1 Filed 01/10/20 Page 1 of 12 PageID #: 7
`
`

`

`\ CT Corporation
`
`TO:
`
`JESSE MURRAY
`NEUTRON HOLDINGS, INC.
`85 2ND ST FL 1
`SAN FRANCISCO, CA 94105-3459
`
`RE:
`
`Process Served in Tennessee
`
`FOR:
`
`NEUTRON HOLDINGS, INC. (Domestic State: DE)
`
`Service of Process
`Transmittal
`12/13/2019
`CT Log Number 536804961
`
`ENCLOSED ARE COPIES OF LEGAL PROCESS RECEIVED BY THE STATUTORY AGENT OF THE ABOVE COMPANY AS FOLLOWS:
`
`TITLE OF ACTION:
`
`DOCUMENT(S) SERVED:
`
`COURT/AGENCY:
`
`KELCIE INGRAM and CYNTHIA INGRAM, Pltf. vs. NEUTRON HOLDINGS, INC., etc., Dft.
`
`Summons, Complaint
`
`20th Judicial District Court - Davidson County, TN
`Case # 19C2862
`
`NATURE OF ACTION:
`
`Breach of Contract
`
`ON WHOM PROCESS WAS SERVED:
`
`National Registered Agents, Inc., Knoxville, TN
`
`DATE AND HOUR OF SERVICE:
`
`By Certified Mail on 12/13/2019 postmarked on 12/06/2019
`
`JURISDICTION SERVED :
`
`Tennessee
`
`APPEARANCE OR ANSWER DUE:
`
`Within 30 days from the date this Summons is served upon you.
`
`ATTORNEY(S) / SENDER(S):
`
`ALI TOLL
`ROCKY MCELHANEY LAW FIRM
`475 SAUNDERSVILLE ROAD
`HENDERSONVILLE, TN 37075
`615-932-8600
`
`REMARKS:
`
`ACTION ITEMS:
`
`SIGNED:
`ADDRESS:
`
`For Questions:
`
`According to the Secretary of State, the only entity registered beginning with the
`name NEUTRON HOLDINGS is NEUTRON HOLDINGS, INC.
`
`CT has retained the current log, Retain Date: 12/13/2019, Expected Purge Date:
`12/18/2019
`
`Image SOP
`
`Email Notification, NEUTRON HOLDINGS INC AUTO PROCESSING
`ct_support@wolterskluwer. com
`
`National Registered Agents, Inc.
`8020 Excelsior Dr Ste 200
`Madison, Wl 53717-1998
`
`877-467-3525
`SmallBusinessTeam@wolterskluwer.com
`
`Page 1 of 1 / AK
`
`Information displayed on this transmittal is for CT
`Corporation's record keeping purposes only and is provided to
`the recipient for quick reference. This information does not
`constitute a legal opinion as to the nature of action, the
`amount of damages, the answer date, or any information
`contained in the documents themselves. Recipient is
`responsible for interpreting said documents and for taking
`appropriate action. Signatures on certified mail receipts
`confirm receipt of package only, not contents.
`Case 3:20-cv-00037 Document 1-1 Filed 01/10/20 Page 2 of 12 PageID #: 8
`
`

`

`AI ROCKY
`
`McELHANEY
`LAW FIRM
`
`‘ Indian Lake .
`475 Saundersville Road
`Hendersonville,TN 37075
`
`CERTIFIED MAIL
`mu RULE
`
`*19
`
`i
`
`7D1T BBBD □□□□ 3153 Bb50
`
`US POSTAGE
`$ 06.95
`Brat-Class
`Mailed From 37075
`
`032A 0061828123
`
`Neutron Holdings d/b/a Limebike a/k/a Lime
`c/6 National Registered Agents
`300 Montview Road
`Knoxville, TN 37919
`
`1
`
`*• 1
`
`% *
`
`Case 3:20-cv-00037 Document 1-1 Filed 01/10/20 Page 3 of 12 PageID #: 9
`
`

`

`EFILED 12/06/19 11:55 AM CASE NO. 19C2862 Richard R. Rooker, Clerk
`CIRCUIT COURT SUMMONS
`
`NASHVILLE, TENNESSEE
`
`Service ID 129454
`
`INGRAM, CYNTHIA, et al.
`
`vs.
`
`STATE OF TENNESSEE
`DAVIDSON COUNTY
`20™ JUDICIAL DISTRICT
`
`CIVIL ACTION
`DOCKET NO. 19C2862
`Method of Service:
`Certified Mail
`
`Plaintiff
`
`NEUTRON HOLDINGS D/B/A LIMEBIKE A/K/A LIME
`C/O NATIONAL REGISTERED AGENTS 300 MONTVUE
`ROAD
`KNOXVILLE, TN 37919
`
`Defendant
`
`To the above named Defendant:
`
`You are summoned to appear and defend a civil action filed against you in the Circuit Court, 1 Public Square, Room 302, P.O. Box 196303,
`Nashville, TN 37219-6303, and your defense must be made within thirty (30) days from the date this Summons is served upon you. You
`are further directed to file your defense with the Clerk of the Court and send a copy to the Plaintiffs attorney at the address listed below.
`
`Service ID 129454
`
`In case of your failure to defend this action by the above date, judgment by default will be rendered against you for the relief demanded
`in the Complaint.
`
`ISSUED: 12/06/2019
`
`ADDRESS OF PLAINTIFF’S ATTORNEY OR PLAINTIFF:
`ALI TOLL
`ROCKY MCELHANEY LAW FIRM
`475 SAUNDERSVILLE ROAD
`HENDERSONVILLE, TN 37075
`
`RICH ARD R. ROOKER
`Circuit Court Clerk
`Davidson County, Tennessee
`
`By:
`
`Deputy Clerk
`
`NOTICE TO THE DEFENDANT:
`Tennessee law provides a Ten Thousand and 00/100 Dollars ($10,000.00) debtor's equity interest personal property exemption from execution or seizure to
`satisfy a judgment. If a judgment should be entered against you in this action and you wish to claim property as exempt, you must file a written list, under oath, of
`the items you wish to claim as exempt with the Clerk of the Court. The list may be filed at any time and may be changed by you thereafter as necessary; however,
`unless it is filed before the judgment becomes final, it will not be effective as to any execution or garnishment issued prior to the filing of the list. Certain items
`are automatically exempt by law and do not need to be listed; these include items of necessary wearing apparel (clothing) for yourself and your family and trunks
`or other receptacles necessaiy to contain such apparel, family portraits, the family Bible, and school books. Should any of these items be seized, you would have
`the right to recover them. If you do not understand your exemption right or how to exercise it, you may wish to seek the counsel of a lawyer.________________
`
`)
`STATE OF TENNESSEE
`COUNTY OF DAVIDSON )
`
`CERTIFICATION
`I, Richard R. Rooker, Clerk of the Circuit Court in the State and County aforesaid, do hereby
`certify this to be a true and correct copy of the original summons issued in this case.
`
`RICHARD R. ROOKER, CLERK
`
`By: fZJd&ruL DC
`
`rev, 09/01/2018
`Case 3:20-cv-00037 Document 1-1 Filed 01/10/20 Page 4 of 12 PageID #: 10
`
`To request an ADA accommodation, please contact Dart Gore at (615) 880-3309
`
`

`

`EFILED 12/06/19 11:55 AM CASE NO. 19C2862 Richard R. Rooker, Clerk
`CIRCUIT COURT SUMMONS
`
`NASHVILLE, TENNESSEE
`
`<A
`
`Service ID
`
`INGRAM, CYNTHIA, et al.
`
`STATE OF TENNESSEE
`DAVIDSON COUNTY
`20™ JUDICIAL DISTRICT
`
`CIVIL ACTION
`DOCKET NO. 19C2862
`Method or Service:
`Certified Mail
`
`Plaintiff
`
`NEUTRON HOLDINGS D/B/A LIMEBUCE A/K/A LIME
`C/O NATIONAL REGISTERED AGENTS 300 MONTVUE
`ROAD
`|
`KNOXVILLE, TN 37919
`
`Defendant
`
`I RETURN ON SERVICE OF SUMMONS BY MAIL
`
`I hereby certify and return, that on the______ day of_________ , 20___, I sent, postage prepaid by registered return receipt mail
`or certified return receipt mail, a certified copy of the Summons and a copy of the Complaint/Petition in Docket No. 19C2862
`to the Defendant, NEUTRONj HOLDINGS D/B/A LIMEBIKE A/K/A LIME . On the_____ day of______________ , 20___, I
`received the return receipt for said registered or certified mail, which had been signed by________________on the_______ day of
`_______________ , 20__ . Said return receipt is filed with the original Summons Return and both documents are being sent herewith
`to the Circuit Court Clerk for filing.
`
`PLAINTIFF, PLAINTIFF’S ATTORNEY or OTHER PERSON
`SWORN TO AND SUBSCRIBED BEFORE ME, ON this
`_________ DAY OF___________ :
`20___ AUTHORIZED BY STATUTE TO SERVE PROCESS
`
`I
`
`_____ NOTARY PUBLIC or____ DEPUTY CLERK
`MY COMMISSION EXPIRES:____________________
`
`To request an ADA accommodation, please contact Dart Gore at (CIS) 880-3309
`
`Service ID 129454
`
`rev. 09/01/2018
`Case 3:20-cv-00037 Document 1-1 Filed 01/10/20 Page 5 of 12 PageID #: 11
`
`

`

`EFILED 12/06/19 09:25 AM CASE NO. 19C2862 Richard R. Rooker, Clerk
`
`IN THE CIRCUIT COURT FOR DAVIDSON COUNTY, TENNESSEE
`AT NASHVILLE
`
`KELCIE INGRAM and CYNTHIA
`INGRAM,
`
`Plaintiffs,
`
`vs.
`
`NEUTRON HOLDINGS, INC. d/b/a
`LIMEBIKE a/k/a LIME,
`
`Defendant.
`
`CASE #:
`
`JURY DEMAND
`
`COMPLAINT
`
`Plaintiffs, Kelcie Ingram and Cynthia Ingram, for their cause of action against Defendant,
`
`Neutron Holdings, Inc. d/b/a LimeBike a/k/a Lime, states as follows:
`
`THE PARTIES
`
`1.
`
`2.
`
`Plaintiffs are citizens and residents of Hermitage, Davidson County, Tennessee.
`
`Upon information and belief, Defendant Neutron Holdings, Inc. d/b/a LimeBike
`
`a/k/a. Lime (hereinafter “Lime”) is a for-profit corporation incorporated under the laws of the State
`
`of Delaware with its principal place of business located at 2121 South El Camino Real, Suite B100,
`
`San Mateo, California 94403. Lime conducts operations throughout the United States, including
`
`the State of Tennessee. It may be served with process through its Registered Agent, National
`
`Registered Agents, Inc. at 300 Montvue Road, Knoxville, Tennessee 37919.
`
`JURISDICTION AND VENUE
`
`3.
`
`This is a Complaint for personal injuries sustained as a result of a scooter crash that
`
`occurred on December 29, 2018, in Nashville, Davidson County, Tennessee.
`
`Case 3:20-cv-00037 Document 1-1 Filed 01/10/20 Page 6 of 12 PageID #: 12
`
`

`

`EFILED 12/06/19 09:25 AM CASE NO. 19C2862 Richard R. Rooker, Clerk
`
`4.
`
`Jurisdiction and venue are proper in this Court.
`
`FACTUAL ALLEGATIONS RELATING TO LIME
`
`5.
`
`Lime is a global micro-mobility company headquartered in San Francisco,
`
`California.
`
`6.
`
`On its website, Lime boasts it provides “simple, accessible micromobility for all.”
`
`(https ://www. li .me/en-us/home).
`
`7.
`
`Lime’s micromobility services include the rental of electric scooters (hereinafter
`
`“scooter”).
`
`8.
`
`To facilitate the rental of its scooters, Lime created a downloadable software
`
`application known as the Lime application which allows customers to rent bikes and scooters
`
`parked in various locations, including downtown Nashville, Tennessee, through a smartphone
`
`(hereinafter “the Lime app”).
`
`9.
`
`To locate and unlock a Lime scooter, users must download the Lime app.
`
`10.
`
`Once the app is downloaded onto the user’s smartphone, the user must create an
`
`account by entering their telephone number or by agreeing to connect with their Facebook account.
`
`11.
`
`Below the clickable button that allows you to sign up via Facebook is a sentence
`
`that reads, “by signing up, I confirm that I am at least 18 years old, and that I have read and agreed
`
`to Lime’s User Agreement & Terms of Service.”
`
`12.
`
`In the User Agreement is a section titled “Your Lime User Account” which outlines
`
`that the only requirement to open an account is a valid payment source:
`
`2
`
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`
`

`

`EFILED 12/06/19 09:25 AM CASE NO. 19C2862 Richard R. Rooker, Clerk
`
`2. Your Lima User Account
`
`• Account Sot Up. You need an account to usa our Services, which requires a valid debit or
`credit card or other approved payment method with expiration date (which Is passed to
`our third party payment processor - we do not receive or store this Information ourselves)
`as well as other requested information depending on the Product (sea below for more on
`car-sharing vehlclest for example) (for example, a driver's license Is required in some
`Jurisdictions). Alternative account creation and payment methods are available for some
`of our products and services If they are available In your area, such as LlmeAccess. What
`you provide us must be true, accurate, complete and updated as necessary to remain
`accurate. Create a username and a strong password and don’t share either with anyone -
`your account Is personal to you and not Intended for anyone else, and you are responsible
`for all activity that occurs under It. Let us know immediately If you suspect unauthorized
`use of your account. We have the right to provide your various account details (like
`billing, account, content or use records and related Information) If required by law (which
`may Include mandatory data sharing with governments), and to protect our rights,
`customers or business.
`
`13.
`
`The section above mentions in parentheticals that some jurisdictions require users
`
`to have a driver’s license. However, no proof of driver’s license is required to rent an e-scooter in
`
`Tennessee.
`
`14.
`
`Lime’s Terms of Service also require users be at least 18 years old to use a scooter:
`
`• You must be at least 18 to use a bike or a scooter, and at least 21 to use a car-sharing
`vehicle.
`
`(https://www.li.me/user-agreement).
`
`15.
`
`The Lime app is designed to make it easy to create an account so that the only
`
`obstacle to its use are limited only to proving an ability to pay their fees.
`
`16.
`
`Despite Lime’s statement on its website that “Safety is our number one priority”,
`
`Lime has no procedures in place to ensure its scooters are only accessible to a legal adult who is
`
`at least 18 years old.
`
`17.
`
`Lime has placed profits over public safety by failing to require users confirm and
`
`verify they are of the required age to rent and use its scooters.
`
`3
`
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`

`

`EFILED 12/06/19 09:25 AM CASE NO. 19C2862 Richard R. Rooker, Clerk
`
`FACTUAL ALLEGATIONS RELATING TO PLAINTIFF
`
`18.
`
`Plaintiff Kelcie Ingram was 17 years old on the date of the incident on December
`
`29, 2018.
`
`19.
`
`Plaintiff Kelcie Ingram, who was a minor at all relevant times, did not have the
`
`ability to contract under the law.
`
`FACTUAL ALLEGATIONS RELATING TQ THE CRASH
`
`20.
`
`On December 29, 2018, Plaintiff Kelcie Ingram accessed the Lime app on her
`
`smartphone.
`
`21.
`
`Plaintiff Kelcie Ingram then located, rented and began riding a Lime scooter on
`
`Second Avenue in Nashville, Tennessee.
`
`22.
`
`Lime did not request any verification that Plaintiff Kelcie Ingram met the age
`
`requirement under the Terms of Service to rent and use the scooter.
`
`23.
`
`As Plaintiff Kelcie Ingram was crossing a street on the Lime scooter, she struck a
`
`large rock, causing the scooter to flip.
`
`24.
`
`At al I relevant times described herein, Plaintiff Kelcie Ingram was logged in to and
`
`was using her Lime app.
`
`25.
`
`26.
`
`27.
`
`Lime is 100% at fault for the crash.
`
`Plaintiff Kelcie Ingram is not in any way at fault for causing the crash.
`
`As a result of the crash, Plaintiff Kelcie Ingram suffered serious and painful
`
`personal injuries which required and continue to require medical treatment.
`
`28.
`
`Plaintiffs have incurred and continue to incur and become liable for significant
`
`medical expenses.
`
`4
`
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`

`

`EFILED 12/06/19 09:25 AM CASE NO. 19C2862 Richard R. Rooker, Clerk
`
`CAUSES OF ACTION
`
`NEGLIGENCE OF LIME
`
`29.
`
`Upon information and belief and to the extent proved in discovery, the crash and
`
`Plaintiff injuries were proximately and in fact caused by one or more of the following acts of
`
`negligence and/or negligence per se of Lime:
`
`(A)
`
`Lime negligently allowed a minor to utilize its services after attempting to
`
`contract with said minor, resulting in injuries; and
`
`(B)
`
`Lime negligently allowed a minor to utilize its services in violation of its
`
`own User Agreement, resulting in injuries;
`
`(C)
`
`Lime failed to verify its user met the age requirement under its Terms of
`
`Service and as required by Metropolitan Code Section 12.62.040; and
`
`(D)
`
`Lime negligently violated the Metropolitan Code of Law Section 12.62.040
`
`which mandates “An operator shall not allow a powered SUMD to be
`
`operated by a person who is less than eighteen (18) years or older.
`
`30.
`
`Lime owes a duty of care to all persons not to place others at a foreseeable risk of
`
`harm or create an unreasonable risk of harm for others through its actions or inactions.
`
`31.
`
`Lime operates in a critical position of public safety and has a duty to regulate
`
`the operators of their systems.
`
`32.
`
`It was reasonably foreseeable to Lime that minors could easily obtain access to
`
`their equipment and proximately cause harm.
`
`33.
`
`Lime knew or should have known that minors, including Plaintiff Kelcie Ingram,
`
`would inappropriately and invalidly attempt to access and use their scooters.
`
`5
`
`Case 3:20-cv-00037 Document 1-1 Filed 01/10/20 Page 10 of 12 PageID #: 16
`
`

`

`EFILED 12/06/19 09:25 AM CASE NO. 19C2862 Richard R. Rooker, Clerk
`
`34.
`
`Lime breached its duty of care by permitting Plaintiff, Kelcie Ingram, to access
`
`the Lime app and utilize its services.
`
`35.
`
`Lime was negligent for allowing access to the scooter without a safety mechanism
`
`in place to verify the age of its users, including Plaintiff Kelcie Ingram.
`
`36.
`
`As a direct and proximate cause of Lime’s negligence and lack of oversight in
`
`allowing Plaintiff Kelcie Ingram to access and use its scooter, Plaintiff Kelcie Ingram was injured,
`
`and sustained and will continue to sustain harms and losses as outlined herein.
`
`HARMS AND LOSSES
`
`37. Asa direct and proximate result of the negligence, gross negligence, and/or reckless
`
`conduct of Defendant, the Plaintiffs have suffered the following damages:
`
`(A)
`
`Past and Future Medical Expenses;
`
`(B)
`
`(C)
`
`(D)
`
`(E)
`
`(F)
`
`Past and Future Pain and Suffering;
`
`Past and Future Mental Anguish;
`
`Past and Future Loss of Enjoyment of Life;
`
`Permanent Disability and Impairments;
`
`Disfigurement; and
`
`(H) Loss of Earning Capac ity.
`
`SERVICE OF PROCESS
`
`38.
`
`Defendant Neutron Holdings, Inc. d/b/a Lime has been properly served with
`
`process.
`
`WHEREFORE, PREMISES CONSIDERED, PLAINTIFFS PRAY:
`
`1.
`
`That service of process issue and be served upon the Defendant requiring it to
`
`appear and answer within the time required by law.
`
`6
`
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`
`

`

`EFILED 12/06/19 09:25 AM CASE NO. 19C2862 Richard R. Rooker, Clerk
`
`2.
`
`A judgment against the Defendant, holding it liable for damages in a reasonable
`
`amount no greater than SEVEN HUNDRED AND FIFTY THOUSAND DOLLARS
`
`($750,000.00) or an amount determined by the jury in this cause sufficient to adequately
`
`compensate Plaintiffs for their harms and losses.
`
`4.
`
`For any further and general relief to which Plaintiffs may be entitled from this
`
`Court, including court costs, discretionary costs, and post-judgment interest.
`
`5.
`
`For a jury of twelve to try this cause.
`
`Respectfully submitted,
`
`ROCKY McELHANEY LAW FIRM, PC
`
`ROCKY McELHANEY, #20205
`475 Saundersville Road
`Hendersonville, Tennessee 37075
`Phone:(615)932-8600
`Fax: (615) 425-2501
`Attorneys for Plaintiff
`
`7
`
`Case 3:20-cv-00037 Document 1-1 Filed 01/10/20 Page 12 of 12 PageID #: 18
`
`