2 Occupy Oakland protesters hit by car file suit Occupy Oakland

A photograph released by attorneys show an unidentified driver after he allegedly ran down and injured two Occupy Oakland protesters, Lance Laverdure and Margaret So, at last week's general strike in Oakland, Calif. less A photograph released by attorneys show an unidentified driver after he allegedly ran down and injured two Occupy Oakland protesters, Lance Laverdure and Margaret So, at last week's general strike in Oakland, ... more Photo: Farrise Law Firm Photo: Farrise Law Firm Image 1 of / 7 Caption Close 2 Occupy Oakland protesters hit by car file suit 1 / 7 Back to Gallery

Two Occupy Oakland protesters hit by a car as they marched down Broadway during the movement's general strike filed a lawsuit Friday against the vehicle's registered owner.

Lance Laverdure, 29, of Fremont and Margaret So, 36, of Oakland were hit by the driver of a silver Mercedes-Benz at 11th Street and Broadway about 7:30 p.m. Nov. 2. BART police, who were first on the scene, briefly interviewed the driver and got his information, decided he wasn't drunk and let him go. They turned over the investigation to Oakland police.

No charges have been filed against the driver, whose name is not publicly known.

But Laverdure and So filed suit in Alameda County Superior Court against Sara Abu-Nasser of Davis, saying her family owned the Mercedes that hit them. Their attorney, Carla Minnard, said she believes Abu-Nasser was sitting next to her boyfriend when he hit her clients, a crash that was caught on amateur video.

Abu-Nasser could not be reached for comment. She has not responded to the suit, which alleges negligence, assault, battery and conspiracy.

The complaint, which seeks unspecified damages, also alleges "false representation of identity," saying Abu-Nasser tried to "mislead law enforcement into believing that she was the driver of the vehicle at the time of the incident by switching positions in the vehicle that was used to commit the crimes."

Minnard expressed frustration that the driver has yet to be charged.

"There has been a wholesale failure of local law enforcement in this case," Minnard said. "It should not take private citizens hiring lawyers and media pressure to get the Oakland Police Department and the BART police to do their jobs. This is not a case of 'whodunit.' They claim to know, and yet four months later have not completed their 'investigation.' "

Officer Johnna Watson, an Oakland police spokeswoman, has said that investigators know who the driver is and still plan to bring the case to Alameda County prosecutors, who could file a charge of assault with a deadly weapon.

Video footage showed Laverdure blocking the Mercedes and hitting the car's hood with his hands moments before the car sped forward and slammed into him and So.

So suffered a broken ankle, and Laverdure suffered internal injuries. Both were treated at a hospital and released.

Laverdure has said he slapped the hood because the driver was moving forward and "nudging my leg," apparently unwilling to wait for the marchers to pass.