There are many pitfalls with forced arbitration. Georgia and John McGinty of New Jersey ran into one of those harsh pitfalls. The couple was injured in a crash of an Uber car. They sustained rib and spine fractures in March, 2022. Mrs. McGinty had lumbar and spine fractures. She had many surgeries and was unable to work for more than a year. Mr. McGinty had fractures in his left arm and wrist. He still has not regained complete use of his left wrist. Mr. McGinty said they are in constant pain every day.
But, in January, 2022, two months before the Uber collision, the McGinty’s daughter ordered pizza using Uber Eats. Uber claims someone – perhaps the daughter – checked the box, “I have reviewed and agree to the Terms of Use.” The McGinty’s say their daughter checked the box, even though it was Mrs. McGinty’s Uber Eats account.
Permission
The lower court denied Uber’s motion to force the McGinty’s claim into arbitration. That court said the Terms of Use did not clearly distinguish between court and arbitration. But, on appeal, the court of appeals sided with Uber. The higher court said Mrs. McGinty gave her daughter permission to sign for her when she handed the daughter the phone. It said the agreement did not need to explicitly describe the difference between court and arbitration.
It is a strange decision, holding that an agreement not directly tied to the automobile crash in March had some link to ordering pizza during the prior January. Too, it is rare indeed that a 12 year old daughter could sign a binding agreement. The McGintys plan to appeal. But, the appellate decision was unanimous. See the New York Times report here for more information. Forced arbitration is an insidious and persistent intrusion on a person’s right to seek just compensation for harm sustained.