Couple can't sue Uber after daughter clicked away trial rights on Uber Eats

 (I remember covering this story as the case wound thru the courts. The verdict is in. Fascism rules. Everything for Big Business. Nothing for the people. Too Big Too Fail. I am currently researching the theory that the people of North Carolina are being allowed to suffer and die in the wake of the flooding because someone wants to open up a lithium mine in that area and had wanted to do so for quite sometime but the people loved their town and wanted no part of it. Now they suffer. The 'wild fires' in Hawaii is another example. Get them bums off that profitable land. And I recall a story out of the Sierra Madre mountains when a young couple and their dog died at the same time hiking a rather simple trail. I figured out the mining company had been illegally polluting the streams which caused a deadly red algae outbreak which killed them. Nope. It was simultaneous heat exhaustion according to authorities and the complicit press which serves them. Everything for by and of Big Business. Don't get in their way. Take those shots. Shut the fuck up.)

from Yahoo News (H/T T)

A couple, badly hurt in an Uber crash, can’t sue the company because their daughter once waived trial rights while using Uber Eats — a fateful click that prevents the family from suing the tech giant, a New Jersey appellate court ruled.

Georgia and John McGinty were passengers in an Uber on March 31, 2022, when their driver blew through a red light, broadsiding another car, and leading to major injuries to the couple, according to court records.

But the court ruled that the couple cannot sue the tech giant because their daughter, a minor, once checked a box while using her mother’s phone to order a pizza on Uber Eats, agreeing to waive trial rights.

As a result, any future disputes with the platform should be argued in front of a private arbitrator, the company claimed.

It's believed consumers could gain more sympathy from juries, as opposed to the arbitration process.

The state court agreed with the tech giant, ruling that the daughter’s fateful pizza order on Jan. 8, 2022 — made while the family was packing for a ski trip — covered all future, potential legal claims.

And even before that pizza order, the company said, Georgia McGinty had previously clicked through Uber’s fine print, agreeing to waive a jury trial.

“Georgia certified that her daughter was ‘capable,’ would frequently order food, and she and John were preoccupied with packing, which supports the inference that the daughter acted knowingly on Georgia’s behalf,” the state court said in a ruling late last month...

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