Federal District Court in California, Applying Florida Law, Dismisses Multiple Causes of Action Against TNC for Alleged Sexual Assault.

The plaintiff, a resident of Florida, claimed she was sexually assaulted by a Lyft driver in Florida. She asserted nine causes of action against Lyft and multiple Doe defendants, including negligence (negligent hiring, retention, supervision and entrustment); misrepresentation; negligent failure to warn; negligent infliction of emotional distress; common carrier and other non-delegable duties; vicarious liability; breach of contract; and product liability. 

Appling primarily Florida law, the court dismissed each of the causes of action, except to the extent Lyft sought dismissal of the plaintiff’s negligence and product liability claims based on untimeliness. The court found there was no vicarious liability as Lyft was not a common carrier and the driver’s conduct was not in the course and scope of employment under Florida law. Additionally, there was no indication that he was unfit, and the allegations of misrepresentation were insufficient. 

This case illustrates the importance of choice of law as well as limitations to direct and vicarious liability for the alleged intentional misconduct of TNC drivers. 

_{Case Law Alerts, 4th Quarter, October 2024 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. Copyright © 2024 Marshall Dennehey, all rights reserved. This article may not be reprinted without the express written permission of our firm.}