Pennsylvania

Man Suing Uber Over Alleged Assault Pleased By Arrest in Case

The passenger accused the Uber driver of beating him unconscious after he refused to take him from University City to Cherry Hill.

Joseph-Fusco
Matthew Luber

The director of public safety of Cabrini University, who said he was beaten by an Uber driver in University City last month, has learned about an arrest in his case, his lawyer said Thursday.

"We applaud the University of Pennsylvania Police Department for their hard work, persistence and bringing a dangerous individual to justice," Matthew Luber told NBC10.

Luber, a Marlton-based lawyer, is representing Joseph Fusco, who is suing Uber over an attack in which he says the driver beat him and left him lying unconscious in a pool of blood after refusing to drive him from Philadelphia’s University City section to his Cherry Hill, New Jersey,

Major C. Fuller, 57, was arrested Wednesday and faces charges of aggravated assault, simple assault and recklessly endangering another person in the Dec. 22 incident, according to philly.com.

The lawsuit states Fusco, 30, attended a private holiday party hosted by the security company Allied Universal. Fusco says he left the party around 11 p.m. and contacted Uber for a ride home. The driver arrived in a Toyota Corolla and Fusco got into the front passenger seat, according to the lawsuit.

The lawsuit alleges Fusco asked the driver to take him to his home in Cherry Hill but the driver refused. When Fusco asked him again, the driver allegedly got out of the vehicle, opened the passenger door and dragged him out of the front seat by his coat collar. The driver then beat Fusco and left him on the pavement in a pool of blood, according to the lawsuit. The driver also allegedly stomped and kicked Fusco in the face and head while he was already unconscious. He then fled the scene, the lawsuit states. 

Fusco says that even after the beating he was charged for the 28-minute ride. His lawyer later told NBC10 he was eventually refunded.

Two bystanders found Fusco on the sidewalk and called 911. He was taken to Presbyterian Hospital and treated for serious facial injuries and broken bones, according to the lawsuit.

After being released from the hospital, Fusco said he emailed Uber to tell them he was assaulted by the driver. The lawsuit states a representative for Uber told Fusco they would investigate the matter and also offered to reimburse him for the ride he was billed for. Fusco says the company hasn’t contacted him since then though his lawyer confirmed that he was eventually reimbursed.

The lawsuit also accuses Uber of not cooperating with University of Pennsylvania police in the investigation by not giving them the proper information on the driver, including his full name and license plate number.

Following the attack, a spokesperson for Uber declined to give NBC10 a formal comment on the incident due to the pending litigation. The spokesperson did say Uber was cooperating with the police investigation in spite of the lawsuit’s claims and that the driver accused of assaulting Fusco was banned from the company.

The spokesperson also said that the driver alerted Uber after the incident on Dec. 23.

Fuller was being held on $10,000 bail, according to philly.com.

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