A pedestrian struck by a car is seeking to hold a major rideshare company accountable for his injuries. The complaint, filed by Mackenzie Young Jay Kim in the Superior Court of Los Angeles County on January 19, 2020, targets Uber Technologies, Inc., arguing that the company should be vicariously liable for the actions of its driver, Ralph Wilson.
According to court documents, Kim was hit by Wilson's vehicle at around 2:28 a.m. on Santa Monica Boulevard near Bundy Drive. Wilson had been driving for Uber earlier that evening but had switched his app to "offline" status approximately four minutes before the accident and more than a mile away from the scene. Despite being offline, Kim's legal team contends that Wilson was still effectively operating under Uber’s purview due to the nature of the app and its functionalities.
Kim's attorneys argue that Uber drivers can toggle between "offline" and "available" statuses within seconds and have access to maps showing high-demand areas even when offline. They claim this capability means Wilson could have been intending to switch back to "available" status when he hit Kim. The plaintiff also pointed out inconsistencies in Wilson’s testimony about his activities leading up to the accident, suggesting these discrepancies undermine his credibility and raise questions about whether he was still engaged in work-related activities for Uber at the time of the collision.
However, the trial court found these arguments speculative and irrelevant to establishing whether Wilson was acting as an Uber driver during the incident. The court ruled that there was no evidence indicating Wilson was not done driving for the night or that he intended to resume driving for Uber imminently. Consequently, it granted summary judgment in favor of Uber Technologies.
Kim is seeking judgment against Uber Technologies for vicarious liability based on negligence laws governing employer-employee relationships. He aims to hold the company responsible for damages resulting from his injuries sustained in the accident.
The case involves several notable legal representatives: Bradley S. Wallace and Matthew J. Kita represent Kim from The Wallace Firm, while Steven Williamson, Julie L. Hussey, and Gregory F. Miller from Perkins Coie represent Uber Technologies. Judge Cherol J. Nellon presided over the case under Case ID B331247.