A corporate giant like Uber will do just about anything to avoid being held accountable. In Aspoyan v. Uber, filed in Los Angeles Superior Court, my office demanded justice for Mr. Aspoyan and Ms. Hakobyar. On September 25, 2022, Plaintiffs, after a night out with friends, sought a safe ride home to their three children. Naturally, Plaintiffs ordered a ride from Uber. During the Uber ride, one of the Plaintiffs grew nauseous and vomited in the back seat of the vehicle. The situation escalated alarmingly when the Uber driver engaged in an inappropriate argument with the Plaintiffs and shockingly and unlawfully stabbed Plaintiffs with a knife, inflicting multiple injuries on both Plaintiffs.
Uber filed a demurrer, a procedural move often used by large corporations, to dismiss this case before it even reached trial. This demurrer posited a range of legal arguments, attempting to prove that Uber could not be held liable for the actions of its driver.
Drawing on legal precedents from Flores v. AutoZone W., Inc. (2008) 161 Cal.App.4th 373, 379-380, I successfully argued that the Uber driver’s assault on Plaintiffs was not “purely personal” but rather outgrowth of the driver’s relationship with Uber, thereby exposing Uber to potential vicarious liability. This legal strategy referenced key principles outlined in Lisa M. v. Henry Mayo Newhall Memorial Hospital (1995) 12 Cal.4th 291, 48 Cal.Rptr.2d 510, 907 P.2d 358 which established that an employee’s willful, malicious, and even criminal torts may fall within the scope of his or her employment for purposes of respondeat superior, even though the employer has not authorized the employee to commit crimes or intentional torts.
The Court’s ruling on the demurrer marked a significant turning point in our case against Uber. In a resounding victory for the Plaintiffs, the Court overruled Uber’s demurrer on all grounds. This decision was not merely a legal triumph but a testament to the Law Office of Alex Farzan’s commitment to justice and fairness, regardless of the opponent’s size or influence.
You can view my firm’s opposition brief HERE.
