Couple injured in serious Uber accident can't sue because of Uber Eats order, court says

(CNN) – A court is blocking a New Jersey couple from suing Uber after a serious 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 is “severe physical, psychological and financial harm” after their Uber driver ran a red light and was hit by another car in 2022. The latter suffered multiple fractures and other injuries that required surgery, while her husband reports to CNN that he has limited use of his left wrist and a broken sternum.

The couple attempted to take Uber to a jury trial, but an appeals court said that was not possible because they had accepted the company's terms and conditions for a separate Uber Eats order. These Terms require arbitration.

The McGintys argued that their minor daughter was the one who clicked on the terms of service for Uber Eats while using her mother's phone. However, in court they could only “guess” that the daughter was the one who clicked the button.

The couple said in a statement to CNN that they were “surprised and heartbroken” and that the appeals court's decision had “compounded the pain and suffering we have experienced since the collision.” They will likely file a petition with the New Jersey Supreme Court.

The case is reminiscent of one that received national attention earlier this year. Disney argued that Jeffrey Piccolo, who claims his wife suffered a fatal allergic reaction after eating at Disney Springs, agreed to settle any lawsuits against the company out of court when he signed up for Disney+ in 2019.

The company later changed course, waiving its right to arbitration and saying the wrongful death lawsuit could be heard in court.

Copyright 2024 CNN Newsource. All rights reserved. Gray News contributed to this report.