A couple who suffered serious injuries in a crash while in an Uber have been told they cannot sue the firm – because they previously agreed to terms for Uber Eats.
Georgia and John McGinty, from New Jersey, tried to sue the taxi service company in a complaint on 23 February 2023 after an Uber driver “ran a red light and t-boned a vehicle”, according to court documents.
Mrs McGinty needed “numerous surgeries” after suffering cervical and spine fractures, a protruding hernia and injuries to her pelvic floor.
Her husband sustained a fractured sternum and has diminished use in his left wrist, following the crash on 31 March 2022.
However, the Superior Court of New Jersey has ruled terms they agreed to on 8 January 2022 – which the couple said was approved by their daughter while ordering food – are “valid”.
The court highlighted part of the conditions, which states that “incidents or accidents resulting in personal injury to you or anyone else that you allege occurred in connection with your use of services… will be settled by binding individual arbitration between you and Uber, and not in a court of law”.
The ruling added: “We hold that the arbitration provision contained in the agreement under review, which Georgia or her minor daughter, while using her cell phone agreed to, is valid and enforceable.”
Arbitration allows people to settle disputes without going to court and generally involves a neutral arbitrator who reviews arguments before making a binding decision.
Mr and Mrs McGinty may appeal against the decision to the state’s Supreme Court, their lawyers suggested to Law&Crime, a US-based news publication.
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In a statement to the same website, the couple said: “We are horrified at what the court’s decision suggests: A large corporation like Uber can avoid being sued in a court of law by injured consumers because of contractual language buried in a dozen-page-long user agreement concerning services unrelated to the one that caused the consumers’ injuries.”
They added: “Here, the content, format, and presentation – dozens of pages on an iPhone screen during a food delivery order – make it impossible that anyone could understand what rights they were potentially waiving or how drastic the consequences could be.”
Law&Crime reports Uber said the court “concluded that on multiple occasions the plaintiff herself – not her teenage daughter – agreed to Uber’s Terms of Use, including the arbitration agreement”.
The case is reminiscent of Disney’s recent bid to throw out a wrongful death claim because the accuser signed up for a one-month trial of its streaming service Disney+.
Disney said the first page of its subscriber agreement states “any dispute between You and Us… is subject to a class action waiver and must be resolved by individual binding arbitration”.
Donald Trump has filed a defamation lawsuit against the BBC, alleging the corporation’s Panorama documentary portrayed him in a “false, defamatory, deceptive, disparaging, inflammatory, and malicious” manner.
The complaint relates to the broadcaster’s editing of a speech he made in 2021 on the day his supporters overran the Capitol building.
Clips were spliced together from sections of the US president‘s speech on January 6 2021 to make it appear he told supporters he was going to walk to the US Capitol with them to “fight like hell”.
It aired in the documentary Trump: A Second Chance?, which was broadcast by the BBC the week before last year’s US election.
The US president is seeking damages of no less than $5bn (£3.7bn).
He has also sued for $5bn for alleged violation of a trade practices law. Both lawsuits have been filed in Florida.
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11:02
BBC crisis: How did it happen?
‘They put words in my mouth’
Speaking in the Oval Office earlier on Monday, he said: “In a little while, you’ll be seeing I’m suing the BBC for putting words in my mouth.
“Literally, they put words in my mouth. They had me saying things that I never said coming out.”
The scandal erupted earlier this year after a leaked memo highlighted concerns over the way the clips were edited.
After the leak, BBC chair Samir Shah apologised on behalf of the broadcaster over an “error of judgement” and accepted the editing of the 2024 documentary gave “the impression of a direct call for violent action”.
The fallout from the saga led to the resignation of both the BBC director-general Tim Davie and the head of news Deborah Turness.
Earlier, BBC News reported the broadcaster had set out five main arguments in a letter to Mr Trump’s legal team as to why it did not believe there was a basis for a defamation claim.
In November, the BBC officially apologised to the president, adding that it was an “error of judgement” and saying the programme will “not be broadcast again in this form on any BBC platforms”.
A spokesperson said “the BBC sincerely regrets the manner in which the video clip was edited,” but they also added that “we strongly disagree there is a basis for a defamation claim”.
Four people have been charged with plotting New Year’s Eve bomb attacks in California.
Federal authorities in the US said the four are allegedly part of an extremist group which is suspected of planning the attacks in southern California.
The plot consisted of planting explosive devices at five locations targeting two US companies at midnight on New Year’s Eve in the Los Angeles area.
The suspects were arrested last week in Lucerne Valley, a desert city east of Los Angeles.
Image: Photos of suspects of the terror plot are shown on a screen during a press conference. Pic: AP
They are said to be members of an offshoot of a pro-Palestinian, anti-government and anti-capitalist group dubbed the Turtle Island Liberation Front, the complaint said.
As well as the alleged plan against the two companies, the group also planned to target Immigration and Customs Enforcement (ICE) agents and vehicles, attorney general Pam Bondi said.
The four defendants named in the complaint are Audrey Illeene Carroll, Zachary Aaron Page, Dante Gaffield, and Tina Lai.
All four are from the Los Angeles area, according to first assistant US attorney Bill Essayli.
The alleged plot
According to a sworn statement by the complaint, Carroll showed an eight-page handwritten document to a paid confidential source in November, which described a bomb plot.
The document was titled “Operation Midnight”.
Essayli said one of the suspects created a detailed plan that “included step-by-step instructions to build IEDs (improvised explosive device)… and listed multiple targets across Orange County and Los Angeles.”
Image: FBI assistant director in charge Akil Davis speaks at a press briefing on the incident. Pic: AP
Carroll and Page are then alleged to have recruited the other two defendants to help them carry out the plan which included acquiring bomb-making materials before constructing and performing test detonations.
Under the plan, the defendants would supposedly have travelled to a remote location in the Mojave Desert on the 12 December to construct and detonate their test explosive devices, the sworn statement alleges.
Evidence photos included in the court documents show a desert campsite with what investigators said were bomb-making materials strewn across plastic folding tables.
The FBI said agents intervened before the defendants could complete their work to assemble a functional explosive device.
This breaking news story is being updated and more details will be published shortly.