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Hansen v. Uber Techs.

Hansen v. Uber Techs.

United States District Court for the Middle District of Florida, Orlando Division

August 10, 2018, Decided; August 13, 2018, Filed

Case No: 6:17-cv-1559-Orl-40GJK

Opinion

Order

This cause came on for consideration without oral argument on the following motion:

MOTION: MOTION TO QUASH OR ALTERNATIVELY FOR PROTECTIVE ORDER REGARDING DEFENDANTS' SUBPOENAS (Doc. No. 26)

FILED: June 16, 2018

THEREON it is ORDERED that the motion is GRANTED IN PART and DENIED IN PART.

I. FACTUAL BACKGROUND

On June 18, 2018, Plaintiffs filed the operative complaint (the "Complaint") against Defendants. Doc. No. 27. The following facts are taken from the Complaint. Defendants Uber Technologies, Inc. ("UTI") and Rasier (FL), LLC ("Rasier") own and operate Uber, a ride-sharing transportation service. Id. at ¶ 9. Before hiring a driver for its transportation [*2]  service, Uber requires that driver to complete a screening process in which Uber reviews the driver's driving record and criminal history. Id. at ¶ 11. Defendant Gerald Reimer completed Uber's screening process, and he was hired as an Uber driver despite: 1) being eighty-three years old at the time he was hired; and 2) having prior traffic citations for unlawful speeding and tailgating. Id. at ¶¶ 17-23.

On or about March 15, 2016, Mr. Reimer was driving for Uber in Rockledge, Florida. Doc. No. 27 at ¶ 24. Plaintiff Gayna Hansen was riding her bicycle near the shoulder of the same road as Mr. Reimer. Id. at ¶ 25. Despite Ms. Hansen wearing reflective clothing and having a red light on the rear of her bicycle, Mr. Reimer struck Ms. Hansen's bicycle from behind. Id. at ¶ 27. Ms. Hansen suffered injuries from the collision including a compound fracture of her left ankle. Id. at ¶ 29. Plaintiffs assert negligence and loss of consortium claims against Defendants. Id. at ¶¶ 31-87.

On June 25, 2018, UTI and Rasier filed their answers and affirmative defenses stating that there were other causes for Ms. Hansen's injuries and that Plaintiffs' damages are subject to a setoff due to collateral source [*3]  payments. Doc. No. 29 at 11-12; Doc. No. 30 at 11-12.

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2018 U.S. Dist. LEXIS 238485 *

GAYNA HANSEN and KRISTOPHER HANSEN, Plaintiffs, v. UBER TECHNOLOGIES, INC., RASIER (FL), LLC, GERALD REIMER and ELSIE REIMER, Defendants.

Prior History: Hansen v. Uber Techs., 2018 U.S. Dist. LEXIS 226944, 2018 WL 7361110 (M.D. Fla., Feb. 26, 2018)

CORE TERMS

subpoenas, discovery, collateral source, medical record, records, documents, right to privacy, injuries, requests