About 1,200 Uber drivers registered with the DMV locally this year. Photo by Michael Thompson.
A tumultuous ride through Manhattan has pitted a Chesterfield businessman and his associate against the popular ride-hailing service Uber.
Terry Phillips and Melanie Mroz sued Uber Technologies Inc. earlier this month in Chesterfield County Circuit Court, seeking $1.25 million in damages on allegations that the company should be held liable for assault, battery and false imprisonment they claim they suffered at the hands of a driver while using its service.
The case, filed Aug. 5, stems from a ride Phillips and Mroz hailed in Manhattan in 2014 using Uber’s smartphone app. The driver who picked them up, according to the suit, was Allaoua Chatouk.
Phillips, a Chesterfield resident, owns Terry Phillips Sales Inc., which does business in Midlothian, according to a public record. He is the former chairman of SouthPeak Interactive, a Midlothian video game publisher. Mroz is a Texas resident and SouthPeak’s former CEO.
They are being represented by Charlottesville lawyer Steven Biss, who would not comment for this story.
According to the suit, Chatouk became angry and threatened to not let Phillips and Mroz out of the car when Phillips refused to pay both a taxi fare and an Uber fare for the ride. Phillips was able to exit the car, but Chatouk sped off before Mroz could get out.
The suit then alleges that Chatouk drove in such a way as to cause Mroz to be thrown around in the back seat and Phillips to fall down in the street to avoid being run over.
“(Mroz) begged the driver to stop, and pleaded that she would pay the driver whatever he wanted to stop the car and release her,” the case reads.
Mroz eventually got out and rejoined Phillips, when Chatouk allegedly chased them on foot.
Uber offers several different car options and in some markets has rolled out a service to call a regular taxi cab.
“Terry challenged the Uber driver several times to stay away, but the driver kept stalking Terry and Melanie, yelling and cursing obscenities,” the suit claims.
Phillips and Mroz then hid in a hotel and waited until they thought enough time had gone by for a safe departure. When they exited, the case alleges, Chatouk was waiting with an umbrella, and he hit Phillips in the face with it. The case claims that Chatouk had the umbrella because Uber required him to carry one in the car; Uber said it does not require its drivers to have umbrellas.
“(Phillips) suffered substantial pain throughout the entire incident,” the suit claims. “(He) was humiliated and embarrassed by the indignified attacks.”
The suit states Phillips was taken to a hospital and Chatouk was arrested. But the NYPD said it has no arrest record for an Allaoua Chatouk between 2012 and 2015. The department said he could have been arrested by another authority or under a different name.
After Phillips reported the incident to Uber, the suit claims Chatouk’s “partnership” with Uber was terminated, which an Uber representative confirmed.
“This partner was a taxi driver who passed a background check conducted by the New York City Taxi and Limousine Commission and was immediately removed from our platform after the rider reported the incident,” the representative said in an email. “We are reviewing this litigation.”
The Uber representative said Phillips hailed Chatouk using UberT, a service specifically for traditional taxis. UberT riders pay Uber a fee for calling the cab, but the actual ride is paid directly to the taxi while in the vehicle.
In suing Uber directly, the lawsuit argues that Chatouk should be considered an employee of the company and that Uber should be held liable for his actions. The case cites the legal theory of respondeat superior and two Virginia state codes concerning liability in a partnership.
The respondeat superior doctrine holds employers responsible for the wrongful acts of employees if the acts happen within the scope of employment. The Virginia codes cited in the case hold partners jointly reliable for loss or injuries that take place during the course of the business partnership.
“Uber and its drivers are true partners in every ride,” the suit argues.
The case challenges Uber’s view that its drivers are independent contractors. The status of those workers – often referred to by Uber and similar companies like Lyft and Airbnb as partners – is being debated across the country. The California Labor Commissioner’s Office ruled in June that an Uber driver who filed a claim against the company was an employee, but the ruling only applied to that particular worker.
In Virginia, the formal status of Uber drivers is unclear.
“We’ve not actually investigated that issue at this point,” said Wendy Inge, a spokeswoman from the Virginia Department of Labor and Industry.
The suit also argues that Uber is a transportation company, which Uber explicitly rejects on its website, claiming it is instead a technology company that connects drivers with riders.
Uber, based in California, has raised more than $4 billion since launching in 2009. The Wall Street Journal reported the company is in talks to raise more money that could peg its value at $50 billion. It entered the Richmond market last year and has since recruited a swarm of drivers.
Phillips and Mroz have demanded a jury trial in the case. Uber has not yet filed a response.
About 1,200 Uber drivers registered with the DMV locally this year. Photo by Michael Thompson.
A tumultuous ride through Manhattan has pitted a Chesterfield businessman and his associate against the popular ride-hailing service Uber.
Terry Phillips and Melanie Mroz sued Uber Technologies Inc. earlier this month in Chesterfield County Circuit Court, seeking $1.25 million in damages on allegations that the company should be held liable for assault, battery and false imprisonment they claim they suffered at the hands of a driver while using its service.
The case, filed Aug. 5, stems from a ride Phillips and Mroz hailed in Manhattan in 2014 using Uber’s smartphone app. The driver who picked them up, according to the suit, was Allaoua Chatouk.
Phillips, a Chesterfield resident, owns Terry Phillips Sales Inc., which does business in Midlothian, according to a public record. He is the former chairman of SouthPeak Interactive, a Midlothian video game publisher. Mroz is a Texas resident and SouthPeak’s former CEO.
They are being represented by Charlottesville lawyer Steven Biss, who would not comment for this story.
According to the suit, Chatouk became angry and threatened to not let Phillips and Mroz out of the car when Phillips refused to pay both a taxi fare and an Uber fare for the ride. Phillips was able to exit the car, but Chatouk sped off before Mroz could get out.
The suit then alleges that Chatouk drove in such a way as to cause Mroz to be thrown around in the back seat and Phillips to fall down in the street to avoid being run over.
“(Mroz) begged the driver to stop, and pleaded that she would pay the driver whatever he wanted to stop the car and release her,” the case reads.
Mroz eventually got out and rejoined Phillips, when Chatouk allegedly chased them on foot.
Uber offers several different car options and in some markets has rolled out a service to call a regular taxi cab.
“Terry challenged the Uber driver several times to stay away, but the driver kept stalking Terry and Melanie, yelling and cursing obscenities,” the suit claims.
Phillips and Mroz then hid in a hotel and waited until they thought enough time had gone by for a safe departure. When they exited, the case alleges, Chatouk was waiting with an umbrella, and he hit Phillips in the face with it. The case claims that Chatouk had the umbrella because Uber required him to carry one in the car; Uber said it does not require its drivers to have umbrellas.
“(Phillips) suffered substantial pain throughout the entire incident,” the suit claims. “(He) was humiliated and embarrassed by the indignified attacks.”
The suit states Phillips was taken to a hospital and Chatouk was arrested. But the NYPD said it has no arrest record for an Allaoua Chatouk between 2012 and 2015. The department said he could have been arrested by another authority or under a different name.
After Phillips reported the incident to Uber, the suit claims Chatouk’s “partnership” with Uber was terminated, which an Uber representative confirmed.
“This partner was a taxi driver who passed a background check conducted by the New York City Taxi and Limousine Commission and was immediately removed from our platform after the rider reported the incident,” the representative said in an email. “We are reviewing this litigation.”
The Uber representative said Phillips hailed Chatouk using UberT, a service specifically for traditional taxis. UberT riders pay Uber a fee for calling the cab, but the actual ride is paid directly to the taxi while in the vehicle.
In suing Uber directly, the lawsuit argues that Chatouk should be considered an employee of the company and that Uber should be held liable for his actions. The case cites the legal theory of respondeat superior and two Virginia state codes concerning liability in a partnership.
The respondeat superior doctrine holds employers responsible for the wrongful acts of employees if the acts happen within the scope of employment. The Virginia codes cited in the case hold partners jointly reliable for loss or injuries that take place during the course of the business partnership.
“Uber and its drivers are true partners in every ride,” the suit argues.
The case challenges Uber’s view that its drivers are independent contractors. The status of those workers – often referred to by Uber and similar companies like Lyft and Airbnb as partners – is being debated across the country. The California Labor Commissioner’s Office ruled in June that an Uber driver who filed a claim against the company was an employee, but the ruling only applied to that particular worker.
In Virginia, the formal status of Uber drivers is unclear.
“We’ve not actually investigated that issue at this point,” said Wendy Inge, a spokeswoman from the Virginia Department of Labor and Industry.
The suit also argues that Uber is a transportation company, which Uber explicitly rejects on its website, claiming it is instead a technology company that connects drivers with riders.
Uber, based in California, has raised more than $4 billion since launching in 2009. The Wall Street Journal reported the company is in talks to raise more money that could peg its value at $50 billion. It entered the Richmond market last year and has since recruited a swarm of drivers.
Phillips and Mroz have demanded a jury trial in the case. Uber has not yet filed a response.
Too bad. Shouldn’t get in a car with strangers, in Manhattan or anywhere else. I took a trip in an unlicensed cab once in Manhattan. Driver didn’t know the shortest route to my destination and I ended up paying him too much and telling him how to get there.
I understand Uber could be technically held liable when one of their drivers does something wrong and that it is a touchy subject, but this wasn’t Uber. This was an actual taxi service that was using Uber’s services to get customers. They were still owed their cab fair which it sounds like the person suing fails to understand. I guess if you take a cab ride in NYC and then try to leave without paying you may need to expect an umbrella in the face. And you definitely don’t deserver one million dollars because you failed to pay someone for… Read more »
I’m a Uber Driver & this is the reason I now use a dash cam They know damn well Uber isn’t to blame here. they are going after uber because they can do so from Va as opposed to going after the real boss which is the NYC TLC which would require them to file paperwork in NYC and more than likely come under immediate attention by the NYC media demanding a jury trial so you use the somewhat bad press of uber to your advantage If the Alleged Victim filed a police report than where is his copy and… Read more »