An appeals court recently ruled that a New Jersey couple injured during an Uber ride can’t publicly sue Uber due to one of the plaintiffs having agreed to the company’s terms-of-use agreements before the accident.
In court documents obtained by PEOPLE, a New Jersey superior court dismissed plaintiffs Georgia and John McGinty’s complaint and reversed a lower court’s previous ruling to have their injury lawsuit handled by a jury.
“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,” the court determined, citing Uber’s terms-of-use agreements that say legal matters must be handled privately between the plaintiffs and Uber, along with its subsidiary Raiser, LLC.
The couple — who sustained severe injuries in the March 2022 crash when their Uber driver ran a red light and T-boned another vehicle, resulting in “extensive damage” to the car they were in — had argued that they didn’t agree to the terms of service.
The McGintys claimed that their preteen daughter may have accepted the terms via the Uber Eats app while ordering pizza.
Court documents reviewed by PEOPLE said that Georgia, now 51, or her daughter had signed up for Uber in June 2015 and agreed to terms three times from that date until January 2021, all before the 2022 crash.
The Uber Eats app logo (stock image).
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“Prior to requesting an Uber platform, such as Uber Rides or Uber Eats, the user must agree to Uber’s Terms of Use,” the documents read. “Throughout Georgia’s relationship with Uber, she has agreed to Uber’s Terms of Use, including its Arbitration Agreement. The Terms of Use were modified on January 18, 2021, and again on December 16, 2021.”
An Uber spokesperson commented on the daughter’s involvement to CNN.
”While the plaintiffs continue to tell the press that it was their daughter who ordered Uber Eats and accepted the terms of use, it’s worth noting that in court they could only ‘surmise’ that that was the case but could not recall whether ‘their daughter ordered food independently or if Georgia assisted,’ ” the Uber spokesperson told the outlet.
PEOPLE reached out to Uber for comment about the case’s developments and the pizza order claims, but did not immediately hear back.
The McGintys are “heartbroken” by the court’s ruling, they told CNN.
The Uber app logo (stock image).
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Court documents detailed the extent of the couple’s alleged injuries.
“Plaintiffs suffered serious physical, psychological, and financial damages,” the court’s order read. “Georgia sustained cervical and lumbar spine fractures, rib fractures, a protruding hernia, traumatic injuries to her abdominal wall, pelvic floor, and other physical injuries. She has undergone numerous surgeries and other invasive procedures.”
Georgia, a matrimonial attorney, was out of work from the March 31, 2022, accident until April 1, 2023, the order further recited, before detailing her 58-year-old husband’s injuries.
“John sustained a fractured sternum and severe fractures to his left arm and wrist,” the document stated. “He underwent open reduction and internal fixation with a bone graft to address the arm fractures, and has diminished use and sensation in his left wrist.”
The McGintys’ lawyer, Evan Lide, told The New York Times that they plan to appeal the appeals court’s decision.
“Nobody reads those agreements and Uber knows that,” Lide said, adding that Uber has “stolen my clients’ constitutional right to a jury trial.”
