PHILADELPHIA – Counsel for a Philadelphia motorist suing an Uber driver and the ride-hailing company for injuries she says she suffered in an automobile accident in the city last summer, are seeking to reinstate the issuance of the complaint.
Mary Anne Maberry first filed suit on Feb. 2 in the Philadelphia County Court of Common Pleas, against Shahid A. Malik of Rosemont, in addition to Raiser, LLC (which does business as Uber) and Uber Technologies, Inc., both of San Francisco, Calif.
“On or about July 28, 2016, at approximately 7:30 p.m., plaintiff, was the operator of a motor vehicle, which was traveling at or near the intersection of City Avenue and Monument Avenue, in Philadelphia. At or about the same date and time, defendant, [Shahid A.] Malik, was the operator of a motor vehicle, which was insured by defendants, Raiser, LLC and Uber Technologies, Inc., which was traveling at or near the aforesaid intersection and/or location of plaintiff’s vehicle. At about the same date and time, defendant’s vehicle was involved in a motor vehicle collision with plaintiff’s vehicle,” the lawsuit claims.
“At all times relevant hereto, upon information and belief, defendant, [Shahid A.] Malik, was operating the aforementioned defendant, Raiser, LLC and Uber Technologies, Inc.’s motor vehicle as defendant’s agent, servant and/or employee acting in the scope of their agency. The aforesaid motor vehicle collision was caused by the defendant negligently and/or carelessly, operating his vehicle in such a manner so as to strike plaintiff’s vehicle. As a direct and proximate result of the joint and/or several and/or direct or vicarious negligence and/or carelessness of the defendants, plaintiff has sustained serious permanent personal injuries and damages,” the lawsuit added.
Maberry alleged to have suffered “various serious and permanent personal injuries, serious impairment of bodily function, permanent serious disfigurement, and/or aggravation of certain injuries, all to plaintiff’s great loss and detriment”, in the automobile accident at issue.
On March 29, Maberry’s counsel, Marc I. Simon of Simon & Simon in Philadelphia, filed affidavits on his client’s behalf to ensure the Uber defendants were properly served with the suit.
This was followed by the filing of a praecipe to reinstate the complaint on April 5.
The matter has been slated for a case management conference on May 15, in chambers at the Philadelphia County Court of Common Pleas’ Case Management Center, located at Philadelphia City Hall.
For listed counts of negligence against Malik, plus negligent entrustment and respondeat superior liability against Raiser, LLC and Uber Technologies, Inc., the plaintiff is seeking damages in excess of $50,000, plus costs and other relief.
The plaintiff is represented by Simon of Simon & Simon, in Philadelphia.
Philadelphia County Court of Common Pleas case 170104753
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at email@example.com