Gift article: Their Uber Driver Crashed. A Pizza Order Unraveled Their Injury Lawsuit.

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altmin

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A New Jersey couple was heading home from dinner in an Uber in March 2022 when their driver T-boned another car, leaving them with serious injuries, including spine and rib fractures.

The couple, Georgia and John McGinty, of Princeton, N.J., sued Uber nearly a year later. Now, their effort to bring the case to court could be hampered by a terms-of-service agreement that they say their 12-year-old daughter signed while ordering pizza using Ms. McGinty’s Uber Eats account.

A New Jersey appeals court found last month that the agreement’s arbitration provision — which says that most disputes between Uber and its customers must be litigated privately — was “valid and enforceable,” reversing a lower court’s decision that would have allowed the couple’s personal-injury lawsuit to be heard by a jury.

The car crash left the McGintys severely injured. Ms. McGinty, 51, had cervical and lumbar spine fractures, rib fractures, a protruding hernia and other injuries. She had numerous surgeries and was unable to work for more than a year, until April 2023. Mr. McGinty, 58, suffered a fractured sternum and severe fractures in his left arm and wrist, and has not regained full use of his wrist.
 
Very similar to this Disney case. A man sued Disney after his wife died from an allergic reaction in one of their restaurants. Disney said they had signed away their right to sue because they had signed up for a Disney+ subscription a few years earlier. Disney ended up dropping their bid in August after the backlash.

 
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