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Posted: 4/16/2024 11:33:20 AM EDT
[Last Edit: LeadRX]
A female co-worker of mine was attacked by her instacart driver in her own driveway, there is security camera footage of him attempting to run her over with his car, then getting out and knocking her out cold and beating on her on her front porch.

There was a police report, there is footage, and instacart sent her an apology email.

How would she go about setting a lawsuit against instacart?


Update: Ok, some update here, apparently the guy was the boyfriend of the actual instacart driver, he was using her profile and car to make the deliveries and get paid. He has apparently fled to new haven according to his GF who spilled the beans to the cops.
Link Posted: 4/16/2024 11:34:33 AM EDT
[Last Edit: LoBrau] [#1]
Probably by talking to a lawyer. An apology email? I kind of want to read it, what could they possibly say in response to attempted murder by one of their drivers?
Link Posted: 4/16/2024 11:35:04 AM EDT
[#2]
Link Posted: 4/16/2024 11:35:06 AM EDT
[#3]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By LoBrau:
Probably by talking to a lawyer. An apology email? I kind of want to read it, what could they possibly say?
View Quote


What kind of lawyer should she call? A personal injury attorney?
Link Posted: 4/16/2024 11:35:32 AM EDT
[Last Edit: burnka871] [#4]
Wtf

Was the driver ...disrespected perhaps?
Link Posted: 4/16/2024 11:37:52 AM EDT
[#5]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By LeadRX:


What kind of lawyer should she call? A personal injury attorney?
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By LeadRX:
Originally Posted By LoBrau:
Probably by talking to a lawyer. An apology email? I kind of want to read it, what could they possibly say?


What kind of lawyer should she call? A personal injury attorney?

The prosecutor's office isn't already aware of this attempted murder? Did she not call the cops?
Link Posted: 4/16/2024 11:38:04 AM EDT
[#6]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By burnka871:
Wtf

Was the driver ...disrespected perhaps?
View Quote

I have so many questions.
Link Posted: 4/16/2024 11:38:34 AM EDT
[Last Edit: LeadRX] [#7]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By burnka871:
Wtf

Was the driver ...disrespected perhaps?
View Quote



The dude delivered 6 bags of groceries to the wrong address, apparently her house is easily confused with her neighbors, when she went to get them the guy was leaving and she told him it was the wrong address. He didn’t take kindly to that and called her a stupid bitch and she said something along the lines of “get a real job asshole”, then he proceeded to try to run her over and beat the shit out of her.

She has a concussion, severely bruised face, and two cracked ribs from him kicking her while she was unconscious.


ETA: this happened in Waterbury.
Link Posted: 4/16/2024 11:39:54 AM EDT
[#8]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By LoBrau:

The prosecutor's office isn't already aware of this attempted murder? Did she not call the cops?
View Quote



The guy fled and has yet to be apprehended.
Link Posted: 4/16/2024 11:40:18 AM EDT
[#9]
Was he a homeboy?
Link Posted: 4/16/2024 11:40:37 AM EDT
[#10]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By LeadRX:



The dude delivered 6 bags of groceries to the wrong address, apparently her house is easily confused with her neighbors, when she went to get them the guy was leaving and she told him it was the wrong address. He didn’t take kindly to that and called her a stupid bitch and she said something along the lines of “get a real job asshole”, then he proceeded to try to run her over and beat the shit out of her.

She has a concussion, severely bruised face, and two cracked ribs from him kicking her while she was unconscious.


ETA: this happened in Waterbury.
View Quote

Well, get an attorney. I don’t think she’ll be needing a real job for a while. Did the driver end up in jail?
Link Posted: 4/16/2024 11:41:27 AM EDT
[#11]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By GrinningDag:
Was he a homeboy?
View Quote



It appears so.
Link Posted: 4/16/2024 11:41:38 AM EDT
[#12]
Yep.  Someone was disrespected.  

Prayers for your friends rapid recovery.
Link Posted: 4/16/2024 11:41:59 AM EDT
[#13]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By Gspointer:

Well, get an attorney. I don’t think she’ll be needing a real job for a while. Did the driver end up in jail?
View Quote



What kind of attorney should she get?
Link Posted: 4/16/2024 11:42:54 AM EDT
[#14]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By LeadRX:


What kind of lawyer should she call? A personal injury attorney?
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By LeadRX:
Originally Posted By LoBrau:
Probably by talking to a lawyer. An apology email? I kind of want to read it, what could they possibly say?


What kind of lawyer should she call? A personal injury attorney?


If you were in Louisiana I'd have the right guy for you
Link Posted: 4/16/2024 11:44:04 AM EDT
[#15]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By Aimless:
Hire a lawyer?
View Quote

This

Although I wasn’t sure what Instacart was.
Link Posted: 4/16/2024 11:44:56 AM EDT
[Last Edit: nightstalker] [#16]
Hire a lawyer (Personal Injury).  They will hopefully pick a lucrative path of justice.

Good luck not to Instacart
Link Posted: 4/16/2024 11:45:11 AM EDT
[#17]
WTF, man. I hope she recovers soon and collects a huge pay day.
Link Posted: 4/16/2024 11:45:21 AM EDT
[#18]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By LeadRX:



The dude delivered 6 bags of groceries to the wrong address, apparently her house is easily confused with her neighbors, when she went to get them the guy was leaving and she told him it was the wrong address. He didn't take kindly to that and called her a stupid bitch and she said something along the lines of "get a real job asshole", then he proceeded to try to run her over and beat the shit out of her.

She has a concussion, severely bruised face, and two cracked ribs from him kicking her while she was unconscious.


ETA: this happened in Waterbury.
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By LeadRX:
Originally Posted By burnka871:
Wtf

Was the driver ...disrespected perhaps?



The dude delivered 6 bags of groceries to the wrong address, apparently her house is easily confused with her neighbors, when she went to get them the guy was leaving and she told him it was the wrong address. He didn't take kindly to that and called her a stupid bitch and she said something along the lines of "get a real job asshole", then he proceeded to try to run her over and beat the shit out of her.

She has a concussion, severely bruised face, and two cracked ribs from him kicking her while she was unconscious.


ETA: this happened in Waterbury.

She learned an important lesson about talking shit.  Some people walk around hoping for an opportunity to commit violence.
Link Posted: 4/16/2024 11:46:24 AM EDT
[#19]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By LeadRX:


What kind of lawyer should she call? A personal injury attorney?
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By LeadRX:
Originally Posted By LoBrau:
Probably by talking to a lawyer. An apology email? I kind of want to read it, what could they possibly say?


What kind of lawyer should she call? A personal injury attorney?

She needs to be talking to lawyers about which (other) lawyers she should be considering.
Link Posted: 4/16/2024 11:46:43 AM EDT
[#20]
Sounds like the work of deejay86
Link Posted: 4/16/2024 11:47:10 AM EDT
[#21]
Originally Posted By LeadRX:\
How would she go about setting a lawsuit against instacart?
View Quote


Vicarious liability action in tort for battery.  Get a personal injury attorney, sue the driver and Instacart.

(Being in the country I've never heard of Instacart and had to look it up ).
Link Posted: 4/16/2024 11:48:53 AM EDT
[#22]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By Riter:


Vicarious liability action in tort for battery.  Get a personal injury attorney, sue the driver and Instacart.

(Being in the country I've never heard of Instacart and had to look it up ).
View Quote



Thank you.
Link Posted: 4/16/2024 11:49:22 AM EDT
[#23]
Lawyer - Big firm with resources to go to trial if necessary
Link Posted: 4/16/2024 11:50:04 AM EDT
[#24]
Link Posted: 4/16/2024 11:50:07 AM EDT
[#25]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By Riter:

sue the driver

View Quote
I've got a hunch that she wouldn't get anything out of him as much as I have a hunch that he's well behind on child support payments.
Link Posted: 4/16/2024 11:50:57 AM EDT
[#26]
Get an expensive lawyer, Instacart will
Pay their fees.

😀

Link Posted: 4/16/2024 11:51:05 AM EDT
[#27]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By LeadRX:



The guy fled and has yet to be apprehended.
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By LeadRX:
Originally Posted By LoBrau:

The prosecutor's office isn't already aware of this attempted murder? Did she not call the cops?



The guy fled and has yet to be apprehended.

Fortunately his identity can be easily established--is this a location where law enforcement will take it seriously?
Link Posted: 4/16/2024 11:51:14 AM EDT
[#28]
At least he didn't shoot her dog.
Link Posted: 4/16/2024 11:51:23 AM EDT
[#29]
I sure wish an instacart driver would knock me unconscious and break my ribs. I’d be retired by the end of the week. Shit hurts but only for so long. She should get a personal injury lawyer.
Link Posted: 4/16/2024 11:53:47 AM EDT
[#30]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By LeadRX:



What kind of attorney should she get?
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By LeadRX:
Originally Posted By Gspointer:

Well, get an attorney. I don’t think she’ll be needing a real job for a while. Did the driver end up in jail?



What kind of attorney should she get?

If you are having to ask GD advice on what advice to give her, then you probably need to stay out of it and let her friends and family assist her.
Link Posted: 4/16/2024 11:54:36 AM EDT
[Last Edit: whiskerz] [#31]
Morgan and Morgan. I would love to see the email from the company that has a violent felon on the payroll.  She needs to take pictures of all of her injuries today and now. ! She needs to keep every medical receipt and police report.
Link Posted: 4/16/2024 11:54:45 AM EDT
[#32]
Not Instacart’s first rodeo in this realm.

Terms of service, yada yada, maybe a small settlement.
Link Posted: 4/16/2024 11:54:46 AM EDT
[Last Edit: gqllc] [#33]
See if Martin, Harding, and Mazzotti cover CT   They are in NY  If not they should know someone
https://www.1800law1010.com/

Link Posted: 4/16/2024 11:55:25 AM EDT
[#34]
I'd bet that she isn't getting anything from Instacart.  They aren't the drivers employer, they are just a website .

The driver is 109% responsible.
Link Posted: 4/16/2024 11:55:32 AM EDT
[#35]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By LeadRX:


What kind of lawyer should she call? A personal injury attorney?
View Quote



A vicious bloodthirsty one.
Link Posted: 4/16/2024 11:55:43 AM EDT
[#36]
In the name of sweet saint jemima of crackerton heights, at least show us the dadgum vidya if you want our advice.
Link Posted: 4/16/2024 11:56:23 AM EDT
[#37]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By fike:
Not Instacart’s first rodeo in this realm.

Terms of service, yada yada, maybe a small settlement.
View Quote

If the groceries were delivered to the wrong address, then she wasn't the customer. She wasn't limited by the terms of service.
Link Posted: 4/16/2024 11:57:14 AM EDT
[#38]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By LeadRX:


What kind of lawyer should she call? A personal injury attorney?
View Quote
The best one in the state.
Link Posted: 4/16/2024 11:57:28 AM EDT
[#39]
Also, that wasn't instacart. That was Uber Beats.
Link Posted: 4/16/2024 11:58:07 AM EDT
[#40]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By Imzadi:

If the groceries were delivered to the wrong address, then she wasn't the customer. She wasn't limited by the terms of service.
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By Imzadi:
Originally Posted By fike:
Not Instacart’s first rodeo in this realm.

Terms of service, yada yada, maybe a small settlement.

If the groceries were delivered to the wrong address, then she wasn't the customer. She wasn't limited by the terms of service.


It really won’t matter either way.
Link Posted: 4/16/2024 11:58:14 AM EDT
[Last Edit: callgood] [#41]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By midcap:
If you were in Louisiana I'd have the right guy for you
View Quote

won't the guy travel for a job? For a fee plus expenses?
Link Posted: 4/16/2024 11:59:07 AM EDT
[#42]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By LoBrau:
Also, that wasn't instacart. That was Uber Beats.
View Quote


User name is appropriate
Link Posted: 4/16/2024 12:00:00 PM EDT
[#43]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By LeadRX:



The dude delivered 6 bags of groceries to the wrong address, apparently her house is easily confused with her neighbors, when she went to get them the guy was leaving and she told him it was the wrong address. He didn’t take kindly to that and called her a stupid bitch and she said something along the lines of “get a real job asshole”, then he proceeded to try to run her over and beat the shit out of her.

She has a concussion, severely bruised face, and two cracked ribs from him kicking her while she was unconscious.


ETA: this happened in Waterbury.
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By LeadRX:
Originally Posted By burnka871:
Wtf

Was the driver ...disrespected perhaps?



The dude delivered 6 bags of groceries to the wrong address, apparently her house is easily confused with her neighbors, when she went to get them the guy was leaving and she told him it was the wrong address. He didn’t take kindly to that and called her a stupid bitch and she said something along the lines of “get a real job asshole”, then he proceeded to try to run her over and beat the shit out of her.

She has a concussion, severely bruised face, and two cracked ribs from him kicking her while she was unconscious.


ETA: this happened in Waterbury.


There’s a valuable lesson here:    People are used to the idea that workers are going to act with restraint and civilized demeanor Because they are working and representing the Company.  

It’s not necessarily true at all, for contract workers on the fringe of society.   She assumed he was more than just a common criminal, but that was a mistake.
Link Posted: 4/16/2024 12:00:08 PM EDT
[#44]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By DoctorCAD:
I'd bet that she isn't getting anything from Instacart.  They aren't the drivers employer, they are just a website .

The driver is 109% responsible.
View Quote

The website took the money.
The website picked the driver.
The website paid the driver.
Link Posted: 4/16/2024 12:01:30 PM EDT
[#45]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By fike:
Not Instacart’s first rodeo in this realm.

Terms of service, yada yada, maybe a small settlement.
View Quote

Terms of service include a clause for the occasional beating and attempted murder by a delivery driver?  Shit I gotta start reading these things closer.
Link Posted: 4/16/2024 12:04:27 PM EDT
[#46]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By DoctorCAD:
I'd bet that she isn't getting anything from Instacart.  They aren't the drivers employer, they are just a website .

The driver is 109% responsible.
View Quote


If Instacart wasn't responsible in any way, they shouldn't have apologized.
Link Posted: 4/16/2024 12:05:52 PM EDT
[#47]
Dare I speculate on the driver’s….information…?
Link Posted: 4/16/2024 12:08:45 PM EDT
[Last Edit: Brutus_15] [#48]
I wonder if the driver is an employee or an independent contractor. Vicarious liability becomes a little tougher if they are an independent contractor. Think you’d have to prove he was a known shitbag before hiring.
Link Posted: 4/16/2024 12:10:36 PM EDT
[#49]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By Brutus_15:
I wonder if the driver is an employee or an independent contractor. Vicarious liability becomes a little tougher if they are an independent contractor.
View Quote


You just need to get to the vehicle's insurance company, and that's apparently a done deal here.
Link Posted: 4/16/2024 12:11:22 PM EDT
[#50]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By burnka871:
Wtf

Was the driver ...disrespected perhaps?
View Quote


I’m sure. Which is the highest crime of all in some cultures.
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