Mason v. Uber Technologies CA1/1
An Uber driver who was transporting four passengers parked his car along the street in front of a San Francisco hotel rather than in the hotel’s driveway. Moments later, one of his rear passengers attempted to exit on the driver’s side of the vehicle and opened the car door just as a garbage truck drove past. Plaintiff William J. Mason, who was standing on the back of the garbage truck, was knocked to the ground, and suffered serious physical injuries.
Mason and his wife sued defendants Francisco Ballesteros Madamba and Uber Technologies, Inc. (Uber) for negligence. The trial court granted defendants’ motion for summary judgment, concluding that Madamba did not owe plaintiffs a legal duty as a matter of law to control the conduct of Madamba’s passenger or to warn her the garbage truck was approaching. The trial court also determined that defendants did not owe plaintiffs a heightened duty of care as a common carrier because any such duty was owed only to passengers, not third
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