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FILED: NASSAU COUNTY CLERK 04/22/2024 10:23 AM INDEX NO. 606892/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/22/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
_____________________________________________________________________Ç
WARREN O'BRIEN,
SUMMONS
Plaintiff,
Index No:
-against- Date Purchased:
JUNIOR JANVIER and LYFT, INC. The plaintiff designates
Nassau County as the place
of trial.
Defendants. Venue is based upon the
plaintiff's residence.
________________________________________________________________________Ç
To the above-named Defendants:
YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of
your answer, or, if the complaint is not served with this summons, to serve a notice of appearance, on
plaintiff's attorney within twenty (20) days after the service of this summons, exclusive of the day of service
(or within 30 days after the service is complete if this summons is not personally delivered to you within the
State of New York); and in case of your failure to appear or answer, judgment will be taken against you by
default for the relief demanded in the complaint.
Dated: April 9, 2024
Mineola, New York
GALLAGHER WALKER, BIANCO
& PL TARAS, LLP
By:
ROBERT J. WALKER
Attorneys for the Plaintiff
98 Willis Avenue
Mineola, N.Y. 11501
(516) 248-2002
rwalker(24gwbplaw.com
To: Junior Janvier
85th
1132 East Street, Apartment 1
Brooklyn, N.Y. 11236
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Lyft, Inc.
185 Berry Street, Suite 5000
San Francisco, CA 94107.
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
_____________________________________________________________________Ç
WARREN O'BRIEN,
VERIFIED COMPLAINT
Plaintiff,
Index No:
-against- Date Purchased:
JUNIOR JANVIER and LYFT, INC.
Defendants.
________________________________________________________________________Ç
Plaintiff, WARREN O'BRIEN, complaining of the defendants, hereby alleges the
following:
FACTS COMMON TO ALL CAUSES OF ACTION
FIRST: Plaintiff is a resident of Nassau County, New York and resides at 53 Frankel
Road, Massapequa, N.Y. 11759.
SECOND: Defendant, JUNIOR JANVIER, [hereinafter referred to as "Janvier"] is a
85th
resident of Brooklyn, New York and resides at 1132 East street, Apartment 1, Brooklyn,
N.Y.
THIRD: Defendant, LYFT, INC., [hereinafter referred to as "Lyft"] is a corporation
formed under the laws of Delaware.
FOURTH: Lyft maintains its principal place of business at 185 Berry Street, Suite 5000,
San Francisco, CA 94107.
FIFTH: Lyft is a foreign corporation authorized to conduct business within the State of
New York.
SIXTH: Lyfl is a foreign corporation actually doing business within the State of New
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York.
SEVENTH: Lyft derives substantial revenue from its business with the State of New
York.
EIGHTH: Lyft committed a tortious act within the State of New York.
NINTH: Lyft supplies goods or services within the State of New York.
TENTH: Lyft maintains a physical office within the State of New York.
ELEVENTH: Lyft is a Transportation Network Company ("TNC") as defined by Section
1691 of the Vehicle and Traffic Law.
TWELFTH: At all times hereinafter mentioned, Lyft was licensed by the State of New
York as a TNC as provided in Section 1692 of the Vehicle and Traffic Law.
THIRTEENTH: At all times hereinafter mentioned, the defendant Janvier was the owner
of a 2019 Black Cadillac CTS bearing New York registration tag KUX5847 [hereinafter referred
to as the "Janvier vehicle"].
FOURTEENTH: At all times hereinafter mentioned, the defendant Janvier was the
operator of a 2019 Black Cadillac CTS bearing New York registration tag KUX5847.
FIFTEENTH: On June 18, 2023, plaintiff's daughter, Kelly O'Brien requested a Lyft
vehicle.
SIXTEENTH: Ms. O'Brien, her mother and the plaintiff entered the rear seat of the
Janvier vehicle.
SEVENTEENTH: The Janvier vehicle was a Transportation Network Vehicle as defined
by Section 1691 of the Vehicle and Traffic Law.
EIGHTEENTH: The defendant Janvier was a Transportation Network driver as defined in
Section 1691(4) of the Vehicle and Traffic Law.
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NINETEENTH: The Janvier vehicle was authorized by Lyft for use by the TNC driver as
defined in Section 1691(1) of the Vehicle and Traffic Law.
TWENTIETH: Lyft charged Ms. O'Brien a fare for the TNC prearranged trip
TWENTY-ONE: Pursuant to Section 1693 of the Vehicle and Traffic Law, Janvier or
Lyft was required to maintain insurance that recognized that Janvier was a TNC driver while the
TNC driver was logged onto the TNC's digital network and while the TNC driver was engaged
in a TNC prearranged trip.
TWENTY-TWO: Pursuant to Section 1693(13) of the Motor Vehicle Law a mandatory
arbitration requirement may not be included in a policy issued pursuant to Section 1693.
TWENTY-THIRD: Pursuant to Section 1696 of the Motor Vehicle Law, Lyft as a TNC
issued a permit Janvier allowing him to work as a Lyft TNC driver.
TWENTY-FOURTH: Pursuant to Section 1696 (1) of the Vehicle and Traffic Law, Lyft
was required to review an application from an individual requesting to be permitted as a TNC
driver.
TWENTY-FIFTH: Pursuant to Section 1696(1) of the Vehicle and Traffic Law, Lyft was
required to conduct a criminal background check on each applicant.
TWENTY-SIXTH: Pursuant to Section 1696(1) of the Vehicle and Traffic Law, Lyft was
required to review whether the applicant is listed on the New York State sex offender registry or
is a match in the United States Department of Justice National Sex Offender Public Website.
TWENTY-SEVENTH: Pursuant to Section 1696(1) of the Vehicle and Traffic Law, Lyft
was required to obtain and review a driving history research report for each applicant.
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TWENTY-EIGHTH: Defendant Lyft issued a permit to the defendant Janvier to act as a
driver of a TNC vehicle for Lyft.
TWENTY-NINTH: Pursuant to Section 1696(1) of the Vehicle and Traffic Law, Lyft was
required to participate in the New York Licensed Event Notification Service(LENS) for each
TNC driver to whom a TNC driver's permit was issued.
THIRTIETH: Pursuant to Section 1696(2) Lyft as a TNC was required to monitor and
control its TNC drivers by implementing a zero tolerance policy while operating a vehicle under
the influence of alcohol or drugs.
THIRTY-FIRST: Pursuant to Section 1696(3) Lyft as a TNC was required to monitor
and control its TNC drivers by implementing policies regarding non-discrimination,
accommodation of service animals and passengers with disabilities
THIRTY-SECOND: Pursuant to Section 1696(4) Lyft as a TNC was required to assure
that all motor vehicle used by TNC drivers met all applicable New York State vehicle safety
requirements
THIRTY-THIRD: Pursuant to Section 1696(5) Lyft was required to mark its TNC vehicle
to identify Lyft as the TNC provider.
THIRTY-FOURTH: Pursuant to Section 1699(3) of the Vehicle and Traffic Law, Lyft
was required to conduct an updated criminal background check each year on each of its TNC
drivers.
THIRTY-FIFTH: Lyft controls the TNC driver's access to customers.
THIRTY-SIXTH: Lyft calculates and collects the fares and sets the TNC driver's
compensation.
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THIRTY-SEVENTH: Lyft provides the TNC driver with a navigation system.
THIRTY-EIGHTH: Lyft tracks the TNC diver's location throughout the prearranged trip.
THIRTY-NINTH: Lyft reserves the right to adjust the fare if a TNC driver takes an
inefficient route.
FORTIETH: Lyft controls the TNC vehicles that are used.
FORTY-FIRST: Lyft precludes certain behavior by TNC drivers.
FORTY-SECOND: Lyft uses a rating system to encourage TNC drivers to conduct
themselves in certain ways.
FORTY-THIRD: At the time of the accident involved herein, the Janvier vehicle was not
equipped with visible, functioning seat belts in the rear seat.
FORTY-THIRD: During the trip arranged by Ms. O'Brien, the defendant Janvier
operated the Janvier vehicle in a reckless and careless manner including driving into oncoming
traffic lanes and driving at a speed in excess of the speed limit.
FORTY-FOURTH: Despite repeated requests from the passengers that he slow down, the
defendant continued to operate the Janvier vehicle in a reckless and imprudent manner.
FORTY-FIFTH: Merrick Road is a public roadway located in Nassau County, New York.
FORTY-SIXTH: Alhambra Road is a public roadway located in Nassau County, New
York .
FORTY-SEVENTH: On June 18, 2023 at approximately 4:30 p.m.,the defendant Janvier,
with the plaintiff, his wife and daughter sitting as rear seat passengers drove at high speed over a
dip or depression on Merrick Road in the vicinity of Alhambra Road, Massapequa, New York.
FORTY-EIGHTH: As a result of excessive and imprudent speed at which the Janvier
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vehicle was being operated, the plaintiff was forcefully thrown upward and his head struck the
interior of the Janvier vehicle.
AS AND FOR A FIRST CAUSE OF ACTION IN NEGLIGENCE
FORTY-NINTH: Repeats and re-alleges paragraphs FIRST through FORTY-EIGHTH
with the same force and effect as if fully set forth herein.
FIFTIETH: The defendant Janvier was negligent, careless and reckless in the ownership,
operation, maintenance and control of the Janvier vehicle.
FIFTY-FIRST: As a direct and proximate result of the negligence, carelessness and
recklessness of the defendant Janvier, the plaintiff was caused to sustain severe and permanent
injury, including bleeding within his brain and traumatic brain injury.
FIFTY-SECOND: At the time of the aforesaid incident the vehicle in which the plaintiff
was a passenger was a Lyft TNC vehicle as defined by the Motor Vehicle Law.
FIFTY-THIRD: The defendant Lyft was negligent and careless in providing, supervising
and controlling the aforesaid Lyft TNC vehicle and Lyft TNC driver in which the plaintiff was a
passenger.
FIFTY-FOURTH: As a direct and proximate result of the negligence, carelessness and
recklessness of the defendant Lyft, the plaintiff was caused to sustain severe and permanent
injury, including bleeding within his brain and traumatic brain injury.
FIFTY-FITH: As a result of the negligence of the defendants, plaintiff was caused to
sustain a serious injury as defined in Article 51 of the insurance law as well as economic loss in
excess of basic economic loss.
FIFTY-SIXTH: The aforesaid accident occurred without any negligence or culpable
conduct on the part of the plaintiff contributing thereto.
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FIFTY-SEVENTH: This action falls into one or more of the exceptions provided by
Article 16 of the CPLR.
FIFTY-EIGHTH: As a direct and proximate result of the negligence of the defendants
Janvier and Lyft, plaintiff sustained damages in an amount which exceeds the monetary
jurisdiction of all lower courts
AS AND FOR A SECOND CAUSE OF ACTION IN VICARIOUS LIABILITY
FIFTY-NINTH: Repeats and re-alleges paragraphs FIRST through FIFTY-EIGHTH with
the same force and effect as if fully set forth herein.
SIXTIETH: Lyft provided the Lyft TNC vehicle in which the plaintiff was injured and
provided the Lyft TNC driver who negligently operated, maintained and controlled the Lyft TNC
vehicle.
SIXTY-FIRST: At the time of t he aforesaid accident, the defendant Janvier was an agent
or employee of the defendant Lyft
SIXTY-SECOND: The defendant Lyft exercised sufficient control over Janvier to
establish an employment relationship. Matter of Lowry (Uber Tech., Inc.-Commissioner of
(3"I
Labor), 189 A.D.3d 1863, 138 N.Y.S.3d 238 Dept. 2020).
SIXTY-THIRD: As a direct and proximate result of the foregoing, Lyft is vicariously
liable for the negligence of its agent or employee, the defendant Janvier, in the operation,
maintenance and control of the TNC vehicle.
SIXTY-FOURTH: As a direct and proximate result of the foregoing, plaintiff sustained
damages in an amount which exceeds the monetary jurisdiction of all lower courts
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AS AND FOR A THIRD CAUSE OF ACTION IN APPARENT AGENCY
SIXTY-FIFTH: Repeats and re-alleges paragraphs FIRST through SIXTY-FOURTH with
the same force and effect as if fully set forth herein.
SIXTY-SIXTH: Through its advertising, marketing and conduct the defendant Lyft
represents that it is providing a Lyft TNC vehicle and a Lyft TNC driver.
Always"
SIXTY-SEVENTH: The Lyft website represents that "Your safety comes first.
ride"
and that "We look out for you before, during, and after every single
SIXTY-EIGHTH: Lyft drivers display credentials issued by Lyft identifying them as Lyft
drivers.
SIXTY-NINTH: Lyft vehicles are marked as Lyft vehicles.
SEVENTIETH: Through its advertising, marketing and conduct, Lyft created an apparent
agency with respect to Lyft TNC drivers, including the defendant Janvier.
SEVENTY-FIRST: As a direct and proximate result of the foregoing, Lyft is vicariously
liable for the negligence of its apparent agent, the defendant Janvier, in the operation,
maintenance and control of the Lyft TNC vehicle.
SEVENTY-SECOND: As a direct and proximate result of the foregoing, plaintiff
sustained damages in an amount which exceeds the monetary jurisdiction of all lower courts
AS AND FOR A FOURTH CAUSE OF ACTION IN NEGLIGENT
HIRING/PERMITTING
SEVENTY-THIRD: Repeats and re-alleges paragraphs FIRST through SEVENTY-
SECOND with the same force and effect as if fully set forth herein.
SEVENTY-FOURTH: The defendant Lyft was negligent and careless in reviewing and
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investigating the application of the defendant Janiver to become a Lyft TNC driver and in issuing
a Lyft TNC permit authorizing the defendant Janvier to drive a Lyft TNC vehicle.
SEVENTY-FIFTH: The defendant Lyft knew or reasonably should have known that the
defendant Janiver was not an appropriate TNC vehicle driver and should not have hired Janvier
and/or issued a permit to Janvier allowing him to work as Lyft vehicle driver.
SEVENTY-SIXTH: As a direct and proximate result of the negligence and carelessness
of the defendant Lyft, the plaintiff was injured.
SEVENTY-SEVENTH: As a direct and proximate result of the foregoing, plaintiff
sustained damages in an amount which exceeds the monetary jurisdiction of all lower courts
AS AND FOR A FIFTH CAUSE OF ACTION IN NEGLIGENT
RETENTION/PERMITTING
SEVENTY-EIGHTH: Repeats and re-alleges paragraphs FIRST through SEVENTY-
SEVENTH with the same force and effect as if fully set forth herein.
SEVENTY-NINTH: The defendant Lyft was negligent and careless in its ongoing review
and investigation of the defendant Janvier's conduct and record as a Lyft TNC driver and in
continuing to retain and permitting him as a Lyft TNC driver.
EIGHTIETH: As a direct and proximate result of the negligence and carelessness of the
defendant Lyft, the plaintiff was injured.
EIGHTY-FIRST: As a direct and proximate result of the foregoing, plaintiff sustained
damages in an amount which exceeds the monetary jurisdiction of all lower courts
WHEREFORE, the plaintiff demands judgment against the defendants in an amount to be
fixed by the trier of the fact on each of the foregoing causes of action, plus interest together with
the costs and disbursements in the action.
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Dated: April 9, 2024
Mineola, New York
GALLAGHER, WALKER, BIANCO
& P STARAS, LLP
By:
ROBˆRT J. WALKER
Attorneys for the plaintiff
98 Willis Avenue
Mineola, N.Y. 11501
(516) 248-2002
rwalker@gwbplaw.com
To: Junior Janvier
85th
1132 East Street, Apartment 1
Brooklyn, N.Y. 11236
Lyft, Inc.
185 Berry Street, Suite 5000
San Francisco, CA 94107.
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STATE OF NEW YORK)
COUNTY OF NASSAU ) ss.:
WARREN O'BRIEN, being duly sworn deposes and says;
I am the plaintiff in this action, and state that I have read the foregoing VERIFIED
COMPLAINT and know the contents thereof and that the same is true to my own knowledge,
except as to those statements therein alleged to be upon information and belief and as to those
statements, I believe it to be true.
WA R O RIEN
Sworn to before me this
day of April, 2024.
Notary Public
WALKER
ROBERT J. New York
State of
Public,02WA4691229
Notary County
No. Nassau
in 10/31/20.1___•
Qualified
Expires
Commission
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Preview
FILED: NASSAU COUNTY CLERK 04/22/2024 10:23 AM INDEX NO. 606892/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/22/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU _____________________________________________________________________Ç WARREN O'BRIEN, SUMMONS Plaintiff, Index No: -against- Date Purchased: JUNIOR JANVIER and LYFT, INC. The plaintiff designates Nassau County as the place of trial. Defendants. Venue is based upon the plaintiff's residence. ________________________________________________________________________Ç To the above-named Defendants: YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of your answer, or, if the complaint is not served with this summons, to serve a notice of appearance, on plaintiff's attorney within twenty (20) days after the service of this summons, exclusive of the day of service (or within 30 days after the service is complete if this summons is not personally delivered to you within the State of New York); and in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. Dated: April 9, 2024 Mineola, New York GALLAGHER WALKER, BIANCO & PL TARAS, LLP By: ROBERT J. WALKER Attorneys for the Plaintiff 98 Willis Avenue Mineola, N.Y. 11501 (516) 248-2002 rwalker(24gwbplaw.com To: Junior Janvier 85th 1132 East Street, Apartment 1 Brooklyn, N.Y. 11236 1 of 13 FILED: NASSAU COUNTY CLERK 04/22/2024 10:23 AM INDEX NO. 606892/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/22/2024 Lyft, Inc. 185 Berry Street, Suite 5000 San Francisco, CA 94107. 2 of 13 FILED: NASSAU COUNTY CLERK 04/22/2024 10:23 AM INDEX NO. 606892/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/22/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU _____________________________________________________________________Ç WARREN O'BRIEN, VERIFIED COMPLAINT Plaintiff, Index No: -against- Date Purchased: JUNIOR JANVIER and LYFT, INC. Defendants. ________________________________________________________________________Ç Plaintiff, WARREN O'BRIEN, complaining of the defendants, hereby alleges the following: FACTS COMMON TO ALL CAUSES OF ACTION FIRST: Plaintiff is a resident of Nassau County, New York and resides at 53 Frankel Road, Massapequa, N.Y. 11759. SECOND: Defendant, JUNIOR JANVIER, [hereinafter referred to as "Janvier"] is a 85th resident of Brooklyn, New York and resides at 1132 East street, Apartment 1, Brooklyn, N.Y. THIRD: Defendant, LYFT, INC., [hereinafter referred to as "Lyft"] is a corporation formed under the laws of Delaware. FOURTH: Lyft maintains its principal place of business at 185 Berry Street, Suite 5000, San Francisco, CA 94107. FIFTH: Lyft is a foreign corporation authorized to conduct business within the State of New York. SIXTH: Lyfl is a foreign corporation actually doing business within the State of New 3 of 13 FILED: NASSAU COUNTY CLERK 04/22/2024 10:23 AM INDEX NO. 606892/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/22/2024 York. SEVENTH: Lyft derives substantial revenue from its business with the State of New York. EIGHTH: Lyft committed a tortious act within the State of New York. NINTH: Lyft supplies goods or services within the State of New York. TENTH: Lyft maintains a physical office within the State of New York. ELEVENTH: Lyft is a Transportation Network Company ("TNC") as defined by Section 1691 of the Vehicle and Traffic Law. TWELFTH: At all times hereinafter mentioned, Lyft was licensed by the State of New York as a TNC as provided in Section 1692 of the Vehicle and Traffic Law. THIRTEENTH: At all times hereinafter mentioned, the defendant Janvier was the owner of a 2019 Black Cadillac CTS bearing New York registration tag KUX5847 [hereinafter referred to as the "Janvier vehicle"]. FOURTEENTH: At all times hereinafter mentioned, the defendant Janvier was the operator of a 2019 Black Cadillac CTS bearing New York registration tag KUX5847. FIFTEENTH: On June 18, 2023, plaintiff's daughter, Kelly O'Brien requested a Lyft vehicle. SIXTEENTH: Ms. O'Brien, her mother and the plaintiff entered the rear seat of the Janvier vehicle. SEVENTEENTH: The Janvier vehicle was a Transportation Network Vehicle as defined by Section 1691 of the Vehicle and Traffic Law. EIGHTEENTH: The defendant Janvier was a Transportation Network driver as defined in Section 1691(4) of the Vehicle and Traffic Law. 4 of 13 FILED: NASSAU COUNTY CLERK 04/22/2024 10:23 AM INDEX NO. 606892/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/22/2024 NINETEENTH: The Janvier vehicle was authorized by Lyft for use by the TNC driver as defined in Section 1691(1) of the Vehicle and Traffic Law. TWENTIETH: Lyft charged Ms. O'Brien a fare for the TNC prearranged trip TWENTY-ONE: Pursuant to Section 1693 of the Vehicle and Traffic Law, Janvier or Lyft was required to maintain insurance that recognized that Janvier was a TNC driver while the TNC driver was logged onto the TNC's digital network and while the TNC driver was engaged in a TNC prearranged trip. TWENTY-TWO: Pursuant to Section 1693(13) of the Motor Vehicle Law a mandatory arbitration requirement may not be included in a policy issued pursuant to Section 1693. TWENTY-THIRD: Pursuant to Section 1696 of the Motor Vehicle Law, Lyft as a TNC issued a permit Janvier allowing him to work as a Lyft TNC driver. TWENTY-FOURTH: Pursuant to Section 1696 (1) of the Vehicle and Traffic Law, Lyft was required to review an application from an individual requesting to be permitted as a TNC driver. TWENTY-FIFTH: Pursuant to Section 1696(1) of the Vehicle and Traffic Law, Lyft was required to conduct a criminal background check on each applicant. TWENTY-SIXTH: Pursuant to Section 1696(1) of the Vehicle and Traffic Law, Lyft was required to review whether the applicant is listed on the New York State sex offender registry or is a match in the United States Department of Justice National Sex Offender Public Website. TWENTY-SEVENTH: Pursuant to Section 1696(1) of the Vehicle and Traffic Law, Lyft was required to obtain and review a driving history research report for each applicant. 5 of 13 FILED: NASSAU COUNTY CLERK 04/22/2024 10:23 AM INDEX NO. 606892/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/22/2024 TWENTY-EIGHTH: Defendant Lyft issued a permit to the defendant Janvier to act as a driver of a TNC vehicle for Lyft. TWENTY-NINTH: Pursuant to Section 1696(1) of the Vehicle and Traffic Law, Lyft was required to participate in the New York Licensed Event Notification Service(LENS) for each TNC driver to whom a TNC driver's permit was issued. THIRTIETH: Pursuant to Section 1696(2) Lyft as a TNC was required to monitor and control its TNC drivers by implementing a zero tolerance policy while operating a vehicle under the influence of alcohol or drugs. THIRTY-FIRST: Pursuant to Section 1696(3) Lyft as a TNC was required to monitor and control its TNC drivers by implementing policies regarding non-discrimination, accommodation of service animals and passengers with disabilities THIRTY-SECOND: Pursuant to Section 1696(4) Lyft as a TNC was required to assure that all motor vehicle used by TNC drivers met all applicable New York State vehicle safety requirements THIRTY-THIRD: Pursuant to Section 1696(5) Lyft was required to mark its TNC vehicle to identify Lyft as the TNC provider. THIRTY-FOURTH: Pursuant to Section 1699(3) of the Vehicle and Traffic Law, Lyft was required to conduct an updated criminal background check each year on each of its TNC drivers. THIRTY-FIFTH: Lyft controls the TNC driver's access to customers. THIRTY-SIXTH: Lyft calculates and collects the fares and sets the TNC driver's compensation. 6 of 13 FILED: NASSAU COUNTY CLERK 04/22/2024 10:23 AM INDEX NO. 606892/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/22/2024 THIRTY-SEVENTH: Lyft provides the TNC driver with a navigation system. THIRTY-EIGHTH: Lyft tracks the TNC diver's location throughout the prearranged trip. THIRTY-NINTH: Lyft reserves the right to adjust the fare if a TNC driver takes an inefficient route. FORTIETH: Lyft controls the TNC vehicles that are used. FORTY-FIRST: Lyft precludes certain behavior by TNC drivers. FORTY-SECOND: Lyft uses a rating system to encourage TNC drivers to conduct themselves in certain ways. FORTY-THIRD: At the time of the accident involved herein, the Janvier vehicle was not equipped with visible, functioning seat belts in the rear seat. FORTY-THIRD: During the trip arranged by Ms. O'Brien, the defendant Janvier operated the Janvier vehicle in a reckless and careless manner including driving into oncoming traffic lanes and driving at a speed in excess of the speed limit. FORTY-FOURTH: Despite repeated requests from the passengers that he slow down, the defendant continued to operate the Janvier vehicle in a reckless and imprudent manner. FORTY-FIFTH: Merrick Road is a public roadway located in Nassau County, New York. FORTY-SIXTH: Alhambra Road is a public roadway located in Nassau County, New York . FORTY-SEVENTH: On June 18, 2023 at approximately 4:30 p.m.,the defendant Janvier, with the plaintiff, his wife and daughter sitting as rear seat passengers drove at high speed over a dip or depression on Merrick Road in the vicinity of Alhambra Road, Massapequa, New York. FORTY-EIGHTH: As a result of excessive and imprudent speed at which the Janvier 7 of 13 FILED: NASSAU COUNTY CLERK 04/22/2024 10:23 AM INDEX NO. 606892/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/22/2024 vehicle was being operated, the plaintiff was forcefully thrown upward and his head struck the interior of the Janvier vehicle. AS AND FOR A FIRST CAUSE OF ACTION IN NEGLIGENCE FORTY-NINTH: Repeats and re-alleges paragraphs FIRST through FORTY-EIGHTH with the same force and effect as if fully set forth herein. FIFTIETH: The defendant Janvier was negligent, careless and reckless in the ownership, operation, maintenance and control of the Janvier vehicle. FIFTY-FIRST: As a direct and proximate result of the negligence, carelessness and recklessness of the defendant Janvier, the plaintiff was caused to sustain severe and permanent injury, including bleeding within his brain and traumatic brain injury. FIFTY-SECOND: At the time of the aforesaid incident the vehicle in which the plaintiff was a passenger was a Lyft TNC vehicle as defined by the Motor Vehicle Law. FIFTY-THIRD: The defendant Lyft was negligent and careless in providing, supervising and controlling the aforesaid Lyft TNC vehicle and Lyft TNC driver in which the plaintiff was a passenger. FIFTY-FOURTH: As a direct and proximate result of the negligence, carelessness and recklessness of the defendant Lyft, the plaintiff was caused to sustain severe and permanent injury, including bleeding within his brain and traumatic brain injury. FIFTY-FITH: As a result of the negligence of the defendants, plaintiff was caused to sustain a serious injury as defined in Article 51 of the insurance law as well as economic loss in excess of basic economic loss. FIFTY-SIXTH: The aforesaid accident occurred without any negligence or culpable conduct on the part of the plaintiff contributing thereto. 8 of 13 FILED: NASSAU COUNTY CLERK 04/22/2024 10:23 AM INDEX NO. 606892/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/22/2024 FIFTY-SEVENTH: This action falls into one or more of the exceptions provided by Article 16 of the CPLR. FIFTY-EIGHTH: As a direct and proximate result of the negligence of the defendants Janvier and Lyft, plaintiff sustained damages in an amount which exceeds the monetary jurisdiction of all lower courts AS AND FOR A SECOND CAUSE OF ACTION IN VICARIOUS LIABILITY FIFTY-NINTH: Repeats and re-alleges paragraphs FIRST through FIFTY-EIGHTH with the same force and effect as if fully set forth herein. SIXTIETH: Lyft provided the Lyft TNC vehicle in which the plaintiff was injured and provided the Lyft TNC driver who negligently operated, maintained and controlled the Lyft TNC vehicle. SIXTY-FIRST: At the time of t he aforesaid accident, the defendant Janvier was an agent or employee of the defendant Lyft SIXTY-SECOND: The defendant Lyft exercised sufficient control over Janvier to establish an employment relationship. Matter of Lowry (Uber Tech., Inc.-Commissioner of (3"I Labor), 189 A.D.3d 1863, 138 N.Y.S.3d 238 Dept. 2020). SIXTY-THIRD: As a direct and proximate result of the foregoing, Lyft is vicariously liable for the negligence of its agent or employee, the defendant Janvier, in the operation, maintenance and control of the TNC vehicle. SIXTY-FOURTH: As a direct and proximate result of the foregoing, plaintiff sustained damages in an amount which exceeds the monetary jurisdiction of all lower courts 9 of 13 FILED: NASSAU COUNTY CLERK 04/22/2024 10:23 AM INDEX NO. 606892/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/22/2024 AS AND FOR A THIRD CAUSE OF ACTION IN APPARENT AGENCY SIXTY-FIFTH: Repeats and re-alleges paragraphs FIRST through SIXTY-FOURTH with the same force and effect as if fully set forth herein. SIXTY-SIXTH: Through its advertising, marketing and conduct the defendant Lyft represents that it is providing a Lyft TNC vehicle and a Lyft TNC driver. Always" SIXTY-SEVENTH: The Lyft website represents that "Your safety comes first. ride" and that "We look out for you before, during, and after every single SIXTY-EIGHTH: Lyft drivers display credentials issued by Lyft identifying them as Lyft drivers. SIXTY-NINTH: Lyft vehicles are marked as Lyft vehicles. SEVENTIETH: Through its advertising, marketing and conduct, Lyft created an apparent agency with respect to Lyft TNC drivers, including the defendant Janvier. SEVENTY-FIRST: As a direct and proximate result of the foregoing, Lyft is vicariously liable for the negligence of its apparent agent, the defendant Janvier, in the operation, maintenance and control of the Lyft TNC vehicle. SEVENTY-SECOND: As a direct and proximate result of the foregoing, plaintiff sustained damages in an amount which exceeds the monetary jurisdiction of all lower courts AS AND FOR A FOURTH CAUSE OF ACTION IN NEGLIGENT HIRING/PERMITTING SEVENTY-THIRD: Repeats and re-alleges paragraphs FIRST through SEVENTY- SECOND with the same force and effect as if fully set forth herein. SEVENTY-FOURTH: The defendant Lyft was negligent and careless in reviewing and 10 of 13 FILED: NASSAU COUNTY CLERK 04/22/2024 10:23 AM INDEX NO. 606892/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/22/2024 investigating the application of the defendant Janiver to become a Lyft TNC driver and in issuing a Lyft TNC permit authorizing the defendant Janvier to drive a Lyft TNC vehicle. SEVENTY-FIFTH: The defendant Lyft knew or reasonably should have known that the defendant Janiver was not an appropriate TNC vehicle driver and should not have hired Janvier and/or issued a permit to Janvier allowing him to work as Lyft vehicle driver. SEVENTY-SIXTH: As a direct and proximate result of the negligence and carelessness of the defendant Lyft, the plaintiff was injured. SEVENTY-SEVENTH: As a direct and proximate result of the foregoing, plaintiff sustained damages in an amount which exceeds the monetary jurisdiction of all lower courts AS AND FOR A FIFTH CAUSE OF ACTION IN NEGLIGENT RETENTION/PERMITTING SEVENTY-EIGHTH: Repeats and re-alleges paragraphs FIRST through SEVENTY- SEVENTH with the same force and effect as if fully set forth herein. SEVENTY-NINTH: The defendant Lyft was negligent and careless in its ongoing review and investigation of the defendant Janvier's conduct and record as a Lyft TNC driver and in continuing to retain and permitting him as a Lyft TNC driver. EIGHTIETH: As a direct and proximate result of the negligence and carelessness of the defendant Lyft, the plaintiff was injured. EIGHTY-FIRST: As a direct and proximate result of the foregoing, plaintiff sustained damages in an amount which exceeds the monetary jurisdiction of all lower courts WHEREFORE, the plaintiff demands judgment against the defendants in an amount to be fixed by the trier of the fact on each of the foregoing causes of action, plus interest together with the costs and disbursements in the action. 11 of 13 FILED: NASSAU COUNTY CLERK 04/22/2024 10:23 AM INDEX NO. 606892/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/22/2024 Dated: April 9, 2024 Mineola, New York GALLAGHER, WALKER, BIANCO & P STARAS, LLP By: ROBˆRT J. WALKER Attorneys for the plaintiff 98 Willis Avenue Mineola, N.Y. 11501 (516) 248-2002 rwalker@gwbplaw.com To: Junior Janvier 85th 1132 East Street, Apartment 1 Brooklyn, N.Y. 11236 Lyft, Inc. 185 Berry Street, Suite 5000 San Francisco, CA 94107. 12 of 13 FILED: NASSAU COUNTY CLERK 04/22/2024 10:23 AM INDEX NO. 606892/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/22/2024 STATE OF NEW YORK) COUNTY OF NASSAU ) ss.: WARREN O'BRIEN, being duly sworn deposes and says; I am the plaintiff in this action, and state that I have read the foregoing VERIFIED COMPLAINT and know the contents thereof and that the same is true to my own knowledge, except as to those statements therein alleged to be upon information and belief and as to those statements, I believe it to be true. WA R O RIEN Sworn to before me this day of April, 2024. Notary Public WALKER ROBERT J. New York State of Public,02WA4691229 Notary County No. Nassau in 10/31/20.1___• Qualified Expires Commission 13 of 13