New Jersey Couple's Legal Action Against Uber Halted Due to Uber Eats Terms

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ICARO Media Group
Politics
03/10/2024 18h02

**New Jersey Couple Barred from Suing Uber After Uber Eats Terms Cited**

A New Jersey appellate court has ruled against a couple seeking legal action against Uber after a car crash involving one of its drivers left them with severe injuries. Georgia and John McGinty were riding in an Uber on March 31, 2022, when their driver ran a red light and collided with another vehicle, causing significant harm to both.

The twist in the case stems from an unexpected source – an Uber Eats order. According to court records, the couple's daughter, a minor, had once used her mother’s phone to order a pizza through Uber Eats, accepting the platform’s terms and conditions, which included waiving the right to a jury trial. This seemingly inconsequential click on January 8, 2022, while the family was packing for a ski trip, now prevents the McGintys from suing Uber in court.

The court also noted that Georgia McGinty had previously accepted Uber’s terms and conditions, which further solidified the ruling. “Georgia certified that her daughter was capable, would frequently order food, and that she and John were preoccupied with packing, which supports the inference that the daughter acted knowingly on Georgia's behalf,” the state court explained.

Uber argued that all disputes should be resolved through private arbitration, a stance the court upheld. This process is generally believed to be less sympathetic to consumers compared to a jury trial, adding another layer of complexity to the couple's ordeal.

Attorney Evan Lide, representing the McGintys, expressed his disappointment in the ruling and highlighted the constitutional implications of waiving jury trials. “I remind you, we're talking about our constitutional right to a jury trial. That's a Seventh Amendment right,” Lide emphasized, citing recent cases where consumers won similar legal battles.

The injuries sustained by the couple were severe. Georgia McGinty suffered multiple fractures to her spine and ribs, a protruding hernia, and other abdominal and pelvic injuries, rendering her unable to work until April 1, 2023. John McGinty faced significant fractures to his sternum and left arm, including a necessary bone graft for his wrist, leading to diminished use and sensation.

Following the appellate court decision, Georgia McGinty voiced her concerns on NBC’s “TODAY,” stressing the need for greater consumer protections. "I think that we need as a society to move to try to protect consumers," she said.

The McGintys plan to appeal the decision, hoping to reverse the ruling that hinges on what many might consider an insignificant click of a button by a minor.

The views expressed in this article do not reflect the opinion of ICARO, or any of its affiliates.

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