James Davis v. Uber, Steel Fabricators, et al.

Carl Bober (Hollywood, FL) (Auto Liability) obtained Summary Judgment in favor of our client in an automobile negligence case. The 52-year-old Plaintiff was a back seat passenger in an Uber sedan on Interstate 95 in heavy traffic who claimed that the Ford F450 truck driven by an employee of our client struck the Uber causing him serious bodily injury. Plaintiff alleged that the Uber changed lanes into the lane of our client’s F450 and that, according to Plaintiff, the truck was travelling too fast for the conditions. Plaintiff admitted the Uber abruptly changed lanes without signaling but claimed that our client’s employee had the last opportunity to avoid the collision had he used reasonable care. Plaintiff underwent a lumbar surgery and had medical bills in excess of $300K. Utilizing the newer federal summary judgment standard, and relying upon authority that a motorist such as our F450 driver was entitled to assume others would obey traffic laws (rather than abruptly enter in his lane without warning), the Court found that no reasonable jury could find for the Plaintiff, and that there was no evidence of negligence on our client’s part. Our Motion for Entitlement to Attorney’s Fees and Costs is pending.