Philadelphia Judge Rules Against Uber’s Terms of Service Requiring Arbitration

A judge in Philadelphia has ruled against the Terms of Service issued by Uber in the case of a woman who suffered a fractured spine in a crash in March of 2018. The woman, Jillian Kemenosh, was in the backseat of a 2010 Toyota Highlander that ran a red light at 16th and Vine, hitting another vehicle.

The Aftermath of the Accident

The crash caused Kemenosh to suffer traumatic injuries, including a fractured spine, a traumatic brain injury (TBI), and a concussion. Kemenosh filed a lawsuit against Uber, the driver of the vehicle, and all of Uber’s local subsidiaries in the hopes that a jury would determine the amount of compensation she would receive for her injuries.

Uber argued in its court documents that once Kemenosh read and agreed to the company’s Terms of Service back in 2013 that she waived her right to a jury. Instead, she would only be permitted to resolve any issues using binding arbitration. Binding arbitration remains private and prevents the plaintiff from filing a lawsuit.

Philadelphia Common Pleas Judge Abbe F. Fletman issued a 19-page opinion that sided with Kemenosh earlier in January 2020. Fletman wrote that since a user can use the Uber app without clicking on a link to view the terms of service: “the registration process did not properly communicate an offer to arbitrate under Pennsylvania law.”

Uber can appeal the ruling up until February 3, 2020, however, at the time of publication we have not received word of any update.

Fletman noted that if Kemenosh had been required to click a checkbox, click a hyperlink, or received an email with the Terms of Service, then Uber’s claim might have been valid. Fletman said that in this instance, Uber did not take any of those steps.

Even though the Common Pleas Court judge sided with Kemenosh, there is the possibility that a higher court could overturn the ruling and side with Uber. For now, Kemenosh will have to continue to wait to find out if her case to seek compensation via a jury trial can move forward.

Contact a Philadelphia Personal Injury Lawyer to Discuss Your Uber Car Accident Case in Pennsylvania

Did you or a loved one sustain serious injuries due to an Uber accident in Pennsylvania? Don’t let the medical bills pile up while you wait for the negligent party or their insurance company to do the right thing. Right now, you need an aggressive personal injury attorney on your side, fighting to get you the compensation you need, want, and deserve. The skilled attorneys at Marrone Law Firm LLC represent clients injured because of Uber car accidents in Philadelphia and Cherry Hill and throughout Pennsylvania and New Jersey. Call 215-709-7360 or fill out our online contact form to schedule a free consultation about your case. We have an office conveniently located at 200 South Broad Street, Suite 400, Philadelphia, PA 19102 as well as offices in Cherry Hill, New Jersey.

The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.

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