America
Delhi Uber rape victim files lawsuit in US court
By
Arun Kumar Washington, Jan 30
A woman executive from Delhi allegedly raped by an Uber driver last
December has filed a lawsuit in a US court, accusing the web-based US
taxi firm of focusing on profits over the safety of its passengers.
In
a 36-page complaint filed in the US District Court for the Northern
District of California Thursday, the woman seeks to "slam the brakes on
Uber's reckless worldwide expansion at the unfortunate expense of basic
customer safety".
The lawsuit which identifies the victim only as
Jane Doe, also seeks compensation "for the horrific and brutal rape
that she suffered due to Uber's inadequate and disingenuous 'commitment
to safety'".
Demanding a trial by jury, the lawsuit seeks "a
permanent injunction directing that Uber take all affirmative steps
necessary to remedy the effects of the unlawful conduct" alleged in the
complaint, "and to prevent repeated occurrences in the future".
It
also seeks an award of unspecified amount of punitive damages to be
determined at trial, plus prejudgment interest, to compensate the victim
"for all physical, monetary and/or economic harm".
Her New
York-based lawyer, Douglas H. Wigdor, in a statement said: "Uber's focus
on its bottom line over the safety of its passengers has resulted in
what can only be described as modern day electronic hitchhiking."
"We
intend to hold Uber responsible for the significant physical and
emotional harm it has caused to our client, while simultaneously seeking
a court order mandating that Uber initiate certain safety precautions
that they appear unwilling to do voluntarily," he said.
"We hope
that this lawsuit will bring about positive change that will ultimately
protect people worldwide who are unaware of the serious risks of
entering into an Uber car," Wigdor added.
Jeanne M. Christensen,
another Wigdor LLP lawyer, said: "San Francisco Uber executives'
decisions to cut costs at the expense of customer safety forced our
client to pay the ultimate cost in New Delhi."
"Her brutal rape
by an Uber driver who was a known repeat sexual predator was a result of
a global Uber policy that has far-reaching consequences," she said.
"We
intend to hold Uber accountable for violence that could easily have
been avoided had even a minimal background check been conducted."
An
Uber spokesperson said: "Our deepest sympathies remain with the victim
of this horrific crime. We are cooperating fully with the authorities to
ensure the perpetrator is brought to justice."
The accused driver Shiv Kumar Yadav is currently on trial on rape and kidnapping charges in Delhi.
Delhi banned Uber and several other web-based taxi firms for failing to carry out adequate driver checks in early December.
But
last week Uber announced resumption of its services in Delhi, saying it
had applied for a radio taxi licence and would improve safety by
introducing features such as an "in-app emergency button".
(Arun Kumar can be contacted at [email protected])
Court records statement of Uber Asia's head
New Delhi, Jan 30: A court here Friday recorded the statement of Uber Asia's business head Eric Alexander in a rape case against a cab driver working with the company.Testifying as a prosecution witness in the case, Alexander told Additional Sessions Judge Kaveri Baweja that accused Shiv Kumar Yadav was the driver and operating the Maruti Swift Dzire car for his company.
According to police, a woman executive was allegedly raped by Yadav inside the car. It also added that the accused driver had gone off the route, and placed on record the route map of his cab.
Alexander told court that the cab was booked by the woman's friend on the date of incident. He also identified the driver.
He explained the route map used by the driver during his journey Dec 5.
The investigation officer, Sub-inspector Renu told court that the cab driver had removed his muffler by himself and declined the suggestion by defence counsel that she had uncovered his face.
Renu added that she did not try to muffle Yadav again as accused had refused to participate in test identification parade.
She told court that on the basis of evidence collected during the investigation and discussion with senior officials, she added two more charges of the Indian Penal Code in the case.
The sub-inspector told court that Sections 376(2)(m) (while committing rape causing grievous bodily harm or endangering life of a woman) was added as the accused tried to strangulate the woman while committing offence and Section 366 (kidnapping or abducting woman) was added as he diverted the route and took her to a isolated place.
The trial in the rape case is being conducted on a day-to-day basis and will be continued Saturday.
The court Jan 13 framed charges of rape and causing grievous bodily harm or endangering the life of a woman, kidnapping a woman, criminal intimidation and voluntarily causing hurt under various sections of the Indian Penal Code against Yadav.