A New Jersey couple has been barred from suing Uber after a fatal car accident
A New Jersey couple who were seriously injured after being involved in an accident while using Uber are being told they can’t sue multiple people. rideshare service.
The couple, Georgia and John McGinty, were on their way home after eating when the driver reportedly ran a red light which led to the accident.
A New Jersey appeals court says a Mercer County couple, both in their 50s, can’t sue because they agreed to Uber’s terms of service.
According to the court documents, the couple said that it was their daughter who agreed to those terms and not them.
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The couple said they have no recollection of seeing the terms or the “click box” and can only assume it was clicked by their daughter when the couple asked her to monitor the food order while they packed for the trip.
The New Jersey Supreme Court held that Georgia McGinty was still bound by the terms because she had agreed to earlier versions.
“Georgia confirmed that her daughter was ‘in the know,’ she often ordered food, and she and John were busy packing, which supports the theory that the daughter acted intentionally on Georgia’s behalf,” the court opinion continued. “In short, the Arbitration Agreement is valid and submits the threshold question of the scope of arbitration to the arbitrator. Therefore, Georgia’s reliance on her daughter’s minority in raising childhood immunity will be determined by the arbitrator.”
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According to a statement sent to NBC News from Uber, the couple agreed to these terms three different times.
A statement from McGinty’s legal team to NPR said the couple “100%” want to proceed with the case.
“Uber has just been done very badly in their willingness to open the same cabs that forced the McGintys to open and they should take a look,” Shapiro said. “It’s sad that that’s the way they’re doing their business, because this is something that puts millions and millions of Americans and people around the world away from their hard-fought rights.”
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The lawsuit comes months after a man tried to file a wrongful death lawsuit against Disney claiming his wife died following a food allergy at a Disney World restaurant.
Disney reportedly denied that the man had agreed to the terms of service on his Disney+ streaming account. The lawsuit continued and Disney agreed to withdraw from arbitration.
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