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Webster v. Golding

Accident Case Dismissed Against Uber; Driver Was Not Operating Vehicle as Uber

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In accordance with CPLR 2219(a), the decision herein is made upon consideration of all papers filed by the parties in NYSCEF in connection with defendant UBER TECHNOLOGIES, INC.’s (“Uber”) motion (Seq. No. 1) seeking an order, pursuant to CPLR 3211(a)(1) and (7), dismissing plaintiff DENISE WEBSTER’s (“Plaintiff”) Complaint and any and all cross-claims asserted against Uber with prejudice. For the reasons discussed below, Uber’s motion is GRANTED. This personal-injury action arises from a motor-vehicle accident that occurred on September 11, 2021, when defendant SIOSIFA F. FALANI-MOALA (“Falani-Moala”) opened the door of a vehicle operated by defendant HOPETON A. GOLDING (“Golding”) into a bicycle lane, causing Plaintiff to strike the door while she was riding a bicycle in front of the premises at 101 Prince Street, New York, New York. Plaintiff alleges, in sum and substance, that Golding was operating the vehicle as an Uber taxi when the accident occurred. Thus, according to Plaintiff, Uber is vicariously liable for Plaintiff’s injuries because Golding was an agent of Uber acting within the scope of his employment. In support of the motion, Uber submits an affidavit of Todd Gaddis, a data science manager for Uber since 2014. [NYSCEF Doc. 12] Mr. Gaddis explains that in order for an Uber driver to accept ride requests from Uber users, the driver must first be logged into Uber’s “Driver App” and in “open” status. [Id.

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