(CNN) – A court is blocking a New Jersey couple from suing Uber after a severe car accident, saying they accepted the company’s terms and conditions when they ordered from Uber Eats.
John and Georgia McGinty suffered what they say were “serious physical, psychological and financial damages” after their Uber driver ran a red light and got hit by another car in 2022. The latter sustained several fractures and other injuries that required surgeries, while her husband has diminished use of his left wrist and a fractured sternum, CNN reports.
The couple tried taking Uber to court for a jury trial, but an appellate court says they can’t because they accepted the company’s terms and conditions for a separate Uber Eats order. Those terms require arbitration.
The McGintys argued their underaged daughter was the one who clicked on the terms of use for Uber Eats while using her mother’s phone. In court, however, they could only “surmise” the daughter was the one who clicked the button.
The couple said in a statement to CNN that they’re “surprised and heartbroken” and that the appellate court’s decision has “exacerbated the pain and suffering we’ve experienced since the collision.” They will likely petition the New Jersey Supreme Court.
The case recalls one that garnered national attention earlier this year. Disney argued that Jeffrey Piccolo, who claims his wife had a fatal allergic reaction after eating in Disney Springs, had agreed to settle any lawsuits against the company out of court when he signed up for Disney+ in 2019.
The company later reversed course, waiving its right to arbitration and saying the wrongful death lawsuit could proceed to court.
Copyright 2024 CNN Newsource. All rights reserved. Gray News contributed to this report.