PITTSBURGH – A Western Pennsylvania man says he and his friends were nearly killed by their Uber driver, when the driver ordered them all out of the vehicle, chased them and discharged a firearm very close to the plaintiff’s head.
Phillip Pesano of Carnegie filed suit in the Allegheny County Court of Common Pleas on Nov. 2 versus Uber Technologies, Inc. of San Francisco, Calif. and Andrew Farkosh, of West Mifflin.
“On Dec. 24, 2019, plaintiff Pesano was with three other acquaintances who had wished to be transported from one section of Pittsburgh to another section of Pittsburgh. One of the plaintiff’s acquaintances requested that Uber provide vehicle transport. Pursuant to the request for Uber to provide transport in consideration for a charge, defendant Farkosh picked up the plaintiff and the three other persons,” the suit says.
“On Forbes Avenue in Oakland, defendant Farkosh stopped the Uber vehicle, got out of the vehicle and insisted that all of the passengers get out as well. The four passengers began to walk away, but shortly thereafter, Farkosh began pursuing the passengers on foot. Farkosh chased plaintiff Pesano on foot for at least 10 to 15 minutes. During the foot chase, Farkosh caught up with plaintiff Pesano in the backyard of a property located on the 3300 block of Niagara Street in Oakland.”
Pesano added that Farkosh attacked him, withdrew a firearm, aimed it at his head and pulled the trigger. Pesano said he suffered an immediate onset hearing loss in his right ear, injury to his right scalp requiring staples, scarring, headaches, dizziness, loss of balance, sleep disturbance, fatigue, anxiety and other physical and psychological injuries.
The suit was removed to the U.S. District Court for the Western District of Pennsylvania the following day, on Nov. 3.
For multiple counts of negligence and negligent infliction of emotional distress, the plaintiff is seeking damages in excess of the local arbitration limits, plus costs, interests and a trial by jury.
The plaintiff is represented by Kenneth J. Nolan of Phil DiLucente & Associates, in Pittsburgh.
The defendant is represented by John T. Donovan and Caroline S. Vahey of Wilson Elser Moskowitz Edelman & Dicker, in Philadelphia.
U.S. District Court for the Western District of Pennsylvania 2:21-cv-01580
Allegheny County Court of Common Pleas case GD-21-013488
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com