Passenger's Vicarious Liability Claims Proceed Against Uber Following Alleged Assault by Driver
"Here, based on the facts alleged in the Complaint, Micah was at the address as part of his business driving for Uber and assaulted Plaintiff to coerce payment of a debt owed to Uber; therefore, a reasonable jury could determine that ... the assault was in furtherance of Uber's business," U.S. District Judge Rossie D. Alston Jr. said, denying Uber's motion to dismiss on the plaintiff's vicarious liability claims.
March 05, 2024 at 03:28 PM
4 minute read
A federal judge has found that Uber can be held vicariously liable after one of its drivers allegedly assaulted a passenger, who is now suing the rideshare giant for $15 million. Wading into an unsettled area of law, the federal judge relied on South Carolina law in making his ruling last week.
Rommel Fuentes filed the negligence complaint against Uber Technologies and other Uber entities, as well as the driver at issue, Kehinde Idogho Micah, in Arlington County Circuit Court before it was moved to the U.S. District Court for the Eastern District of Virginia in April 2023. Fuentes claimed Micah dropped him and another passenger off at their desired location. However, as they exited the vehicle and started walking away, Micah allegedly got out of the vehicle to complain that he had not received payment, according to the complaint.
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