dseag2

To what lengths will this scumbag go? He is now claiming he was recorded without his consent...

A Taco Bell executive who was fired following a vicious attack on an Uber driver is now filing a dubious high-dollar lawsuit. Formerly head of mobile commerce and innovation for the Doritos Locos taco creator, Benjamin Golden's face became famous for all the wrong reasons last October after a dashcam video of him assaulting driver Edward Caban surfaced on YouTube.

As the video shows, the altercation began when Caban pulls over and orders Golden out of his car, claiming he's too drunk to give proper directions. The two men argue and as Golden opens the car door to get out, he reaches forward and slaps Caban, repeatedly hitting him and pulling his hair; Caban ends the attack by pepper-spraying Golden.

Back in November, Caban filed a suit against Golden seeking $25,000 for emotional distress, which seemed reasonable given the savage attack. But now, the Orange County Register reports, Golden is firing back with a lawsuit of his own — and he's seeking more than $5 million for "invasion of privacy, negligent infliction of emotional distress, intentional infliction of emotional distress, assault and battery."

The suit, filed in Orange County Superior Court, claims "Golden never consented to be audio or visually recorded and the recording was done without his knowledge." (A California law introduced in 2011 made it legal for drivers to install dashcams, though it's not clear if Caban met all the strict requirements of the law, which include the posting of a notice in a visible place to inform the passenger that conversations are being recorded.) It further claims that he "fear[ed] for his safety and well-being" after the driver pulled over and kicked him out of the car, and that he "suffered severe emotional distress, humiliation, anxiety, and the loss of his job" after the video was posted online.

http://www.eater.com/2016/1/19/10789...enjamin-golden

Wandl

yeah read about this....that first sucker punch this guy threw at the Uber driver was brutal...nuts.

mmarshall

Both of these may be frivolous lawsuits. First of all, the Uber driver (Caban) was probably not hurt very bad....there's no evidence that he needed any medical attention after the attack....and he may be guilty of an offense himself if that camera was in fact installed illegally. Second, the CEO (Golden), was apparently drunk in public (an offense in itself), and started the physical alteration in the first place (assault and battery). So, IMO, there's little grounds on either side here for a lawsuit. IMO the judge should toss both of the suits out, fine both of them for their behavior and offenses, and tell both of them to go back home and act like adults.

Fizzboy7

Not a fan of Uber. You are dealing with the general public, which includes untrained, poor driving skills and drunk party goers. It's a gamble for all involved, and these two dudes both got what the odds brings.

blacksc400

iTrader: (4)

Hate Uber, as an insurance agent I'm dealing more and more clients becoming Uber drivers, and it's not allowed under their personal policies :/

isfdude

iTrader: (11)

The Taco Bell ex CEO is a moron. When you get in to any cab you by getting in are agreeing to being recorded for the safety of not only the driver but you as well.... At least it's like that for New York law.

Byprodrive

iTrader: (1)

He never was a CEO

SW17LS

Correct....hes not the CEO, he was simply a Taco Bell executive.

I think the question is going to be whether or not the guy had a reasonable expectation of privacy. In a taxi/livery for hire car my guess is he would not.

I feel badly for the poor Uber driver...he's going to have to defend this suit which will likely ruin him.

dseag2

If he set up a Fund Me page to cover his legal expenses I bet he would get a lot of very sympathetic people who would donate. I would actually donate to a cause that would ensure the ex-Taco Bell executive never found another job in management, although he's probably already taken care of that himself.

SW17LS

It'll be interesting to see what support...if any...he gets from Uber. My guess is none.

dseag2

I doubt there will be any because they assume very little risk and their drivers are "independent contractors". The downside of the Sharing Economy and flexible hours.

mmarshall

If the judges (or juries) in these case actually look at them objectively, they will probably toss both suits out.

chikoo

#1. People use Uber when they are drunk. Why does this particular driver want to drop Mr. Taco Bell in the middle of nowhere?

#2. The car belongs to the Uber driver and he has the right to record in his private property.

#3. Mr. Taco Bell will now have to pay his mortgage or his rent by becoming an Uber driver himself.

SW17LS

What you don't understand is the incredible cost of defending a lawsuit like that before it ever gets to a judge.

I wouldn't consider the drivers suit frivolous.

Actually not necessarily. You can't just record people with video or especially audio without their consent.

mmarshall

First, it depends on the law firm. You'll obviously pay more at some firms, like Johnny Cochran's or F. Lee Bailey's, than you will at some local Ma-and Pa firms. Second, some law firms don't charge you anything at all unless a case is actually filed and you win it....then, of course, you pay up. Third, I am not totally clueless on the issue...I've served as a jury member on civil auto cases before in the courtroom....once also as the jury foreman.

While I respect your opinion, we might just disagree on that. First (although I'm not a doctor and/or did not witness the event) the driver doesn't seem like he was significantly injured....so he can't sue for any medical bills or pain/suffering. Second, if he had an illegal camera in the car under CA law and took videos, that doesn't give him much grounds to sue, either.