PITTSBURGH – The son and daughter of a 55-year-old man shot to death last August in the parking lot of a Sheetz convenience store by his Lyft driver, have now sued both the ride share company and the driver for damages.
Tiffani Angel and John Angel Jr. (as Co-Administrators of the Estate of John R. Angel Sr., decedent) filed suit in the Allegheny County Court of Common Pleas on March 23 versus Lyft, Inc. of San Francisco, Calif. and Benjamin Cartwright of Pittsburgh.
“The decedent, John R. Angel Sr. died on Aug. 11, 2022. Tiffani Angel and John Angel Jr. are the daughter and son, respectively, of the decedent. The events giving rise to this lawsuit occurred on or about Aug. 11, 2022 at approximately 10:46 p.m. at a Sheetz store located at 3457 William Penn Highway, Pittsburgh, Allegheny County, Pennsylvania 15235,” the suit says.
“On Aug. 11, 2022, and for some period of time prior thereto, defendant Cartwright, was employed by and/or an agent of defendant Lyft as a Lyft driver, displaying on his vehicle one or more Lyft placards and/or signs. At all times relevant hereto, the work performed by defendant Cartwright was part of Lyft’s regular business.”
The suit adds that Lyft had a policy and/or procedure which was in effect on and before Aug. 11, 2022 prohibiting its drivers from possessing or carrying firearms while performing their duties as Lyft drivers.
“On Aug. 11, 2022, defendant Cartwright, in his capacity as an employee, agent and driver for Lyft, picked up John R. Angel, Sr., from a bar in Allegheny County, Pennsylvania. The defendant Lyft driver Cartwright, was supposed to transport decedent to his place of residence in Allegheny County, Pennsylvania. Instead of driving the decedent to his residence, the Lyft driver Cartwright proceeded into a Sheetz parking lot located at 3457 William Penn Highway in Wilkins Township, Allegheny County, Pennsylvania. The Sheetz parking lot was not the destination intended for the Lyft trip. After the Lyft vehicle was driven into the Sheetz parking lot by defendant Cartwright, both the decedent and defendant Cartwright exited the vehicle,” the suit states.
“At all times relevant hereto, defendant Cartwright was acting within the course and scope of his employment and/or agency by Lyft as a Lyft driver immediately before and at the time of the incident giving rise to this complaint and was at all times relevant hereto furthering the business of Lyft. At all times relevant hereto, Lyft was acting by and through its agents, servants, and employees, including Cartwright, who were acting within the course and scope of their employment and agency and on the business of Lyft. At all times relevant hereto, the decedent, John R. Angel, Sr., was not carrying a firearm. At all times relevant hereto, defendant Cartwright, was carrying a firearm. While in the Sheetz parking lot, defendant Cartwright fired his gun at the decedent, causing injuries which led to John R. Angel Sr.’s death.”
For counts of survival and wrongful death, the plaintiffs are seeking compensatory and punitive damages in excess of the arbitration limits, plus costs, interest and other relief permitted by the Court.
The plaintiffs are represented by Kenneth J. Nolan of Phil DiLucente & Associates, in Pittsburgh.
The defendants have not yet obtained legal counsel.
Allegheny County Court of Common Pleas case GD-23-004172
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com