Queens Court Declines to Dismiss Subrogation Action, Finding Issues of Control Over Uber Driver

The Civil Court in Queens County, NY denied Uber’s motion to dismiss a subrogation action stemming from a motor vehicle accident. Uber argued it could not be held vicariously liable for the defendant driver’s actions as he was an independent contractor. 

The court found that there remained issues of control to be resolved in the litigation. Specifically, the court pointed to Uber’s compliance protocols, required background checks and vehicle standards, use of branded materials, and driver ratings. The court was unpersuaded by numerous trial court decisions that reached a different conclusion. 

This case demonstrates that in rideshare litigation, trial court rulings on the issue of vicarious liability may vary by judge and jurisdiction.
 

_{Case Law Alerts, 4th Quarter, October 2025 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 © 2025 Marshall Dennehey, all rights reserved. This article may not be reprinted without the express written permission of our firm.}