Nature of the Case
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Facts
D 'is a car service that provides drivers to customers on demand through a cell phone application, or 'app,' in cities around the world.' D markets itself to consumers as 'your private driver in more than 50 countries.' D dictates the fares charged in each jurisdiction in which it operates, collects the appropriate payment from each passenger, and then passes on to its drivers 75-80% of the fares collected while keeping the remaining portion for itself. D drivers receive payment for their work . . . via weekly direct deposit. Drivers are not permitted to set their own fares, accept cash payments from consumers, or retroactively adjust a fare up or down. D demands that its drivers 'utilize an app on a phone provided by D'; maintain their vehicles in 'great' mechanical shape and 'acceptably clean' condition; 'adhere to D's rules regarding tipping,' which include refusing tips once and accepting them only on the second offer; sustain an acceptable ride-request-acceptance rate; respond to ride requests within an acceptable timeframe; 'display the D logo on their vehicles'; and refrain from excessively calling passengers who have requested a ride. P and three of his friends required transportation. P used the D app on his phone to request a pick-up at that location. D driver Yohannes Deresse accepted P's request and arrived shortly thereafter. Immediately following the group's entry into the car, Deresse 'began to act erratically.' P and his companions exited the vehicle and began walking away. Deresse followed them out of the car and began to verbally harass them. P told the driver 'to leave them alone,' and that 'they did not feel safe riding in a car with him.' Deresse pulled out a knife and stabbed P at least six times in his chest and left arm. P sustained severe injuries during the course of the brutal attack. P filed suit alleging a variety of state-law tort claims and one violation of the D.C. Consumer Protection Procedures Act, codified at D.C. Code § 28-3905(k). D removed the suit to federal court on diversity grounds and now moves to dismiss five of the eight counts in the Amended Complaint.
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