Assault Survivor Sues Uber Over Claims of Insufficient Safety Procedures
Uber has billed its services as safe and trustworthy without dedicating the proper resources to back up those claims, according to the complaint written by the assault victim's San Francisco-based attorneys at Walkup, Melodia, Kelly & Schoenberger.
June 12, 2019 at 05:41 PM
4 minute read
A woman is suing Uber Technologies Inc. claiming that inadequate background checks and liberal Uber decal distribution led to her rape by a man who said he was an Uber driver.
The woman, referred to as Jane Doe in the complaint, is suing the ridesharing company for negligence and assault, battery and false imprisonment by an ostensible agent. She claims that Uber created the circumstances that led her to believe the man was a driver with the company.
The complaint asserts that Uber nearly single-handedly made the act of hopping into the back of a stranger's car—previously generally regarded as unsafe—a norm of modern transportation. Uber has billed its services as safe and trustworthy without dedicating the proper resources to back up those claims, according to the complaint written by the Doe's San Francisco-based attorneys at Walkup, Melodia, Kelly & Schoenberger.
Doe is from Mexico and was visiting her boyfriend in San Mateo County, California, during the time of the assault in August 2018. After asking her boyfriend to call her an Uber from a mall to their nearby hotel, Doe, a non-native English speaker, approached a car with an Uber decal after she thought she heard the driver say her boyfriend's name, according to the complaint. When Doe got into the car, the driver turned on the child-safety locks, drove to a remote location, and then raped and partially strangled her. The driver has since been arrested by the San Mateo Police Department, according to the complaint.
The plaintiff claims that several months before the assault, the driver was kicked off the app after a passenger complained that he took her off-route, flirted with her and took her to a horse stable "to talk." Uber did not make any attempt to retrieve the former driver's Uber decals and did not alert competitor Lyft of his behavior, according to the complaint.
Uber did not respond to a request for comment at the time of publication.
The complaint claims "Uber was unable to put the genie it created back in the bottle" after distributing tens of thousands of Uber decals in the Bay Area with no way of tracking or retrieving them.
"Uber has a very poor vetting process that is sort of like a net, where it's a little too wide and a lot of stuff gets through it," said Matthew Davis, an attorney with Walkup Melodia who represents Doe. "And they have completely leapfrogged over all safety regulations that were in place in the transportation industry to use a decal system that is completely uncontrolled. You can print out an Uber decal at home. They have effectively changed the public's attitude to feel like it's safe to get into a strangers car if they have a decal on the window, and they almost alone are responsible for that shift in attitude."
Doe's lawsuit comes after years of reports of assault from Uber drivers and people claiming to work for the company. In April, a Washington, D.C., woman filed a suit against Uber for $10 million in damages after an Uber driver named Raul E. Rodriguez Vasquez sexually assaulted her. Just last week, the Baltimore County Police Department charged Joshua Jamaal Robinson for sexually assaulting his Uber passenger. CNN reported last April that 103 Uber drivers had been accused of sexual assault or abuse.
Doe is seeking noneconomic and economic damages, costs of suit and attorneys' fees, pre- and post-judgment interest and punitive and exemplary damages.
Davis said Uber is run by smart, innovative people who can come up with a better verification system.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllIn Lawsuit, Ex-Google Employee Says Company’s Layoffs Targeted Parents and Others on Leave
6 minute readPre-Internet High Court Ruling Hobbling Efforts to Keep Tech Giants from Using Below-Cost Pricing to Bury Rivals
6 minute readWill Khan Resign? FTC Chair Isn't Saying Whether She'll Stick Around After Giving Up Gavel
Trending Stories
- 1Call for Nominations: Elite Trial Lawyers 2025
- 2Senate Judiciary Dems Release Report on Supreme Court Ethics
- 3Senate Confirms Last 2 of Biden's California Judicial Nominees
- 4Morrison & Foerster Doles Out Year-End and Special Bonuses, Raises Base Compensation for Associates
- 5Tom Girardi to Surrender to Federal Authorities on Jan. 7
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250