Woman Sues Uber, Driver After Falmouth Crash

FALMOUTH, MA — A New Jersey woman, who said she was hit by an Uber driver in Falmouth, has filed a lawsuit against the company and the driver.

In August 2017, Daniela Herrera was walking on Luscombe Avenue in Woods Hole near the Steamship Authority building. According to the lawsuit, she was then hit by Uber driver James Carl Bohnert. The plaintiff argued Bohnert was driving "carelessly, negligently and unskillfully.

"The Defendant was negligent by, among other things, operating the vehicle in a reckless manner, failing to use the appropriate caution in a heavily trafficked pedestrian area, and failing to recognize and avoid striking a pedestrian," Herrera’s attorneys, Donald Grady and Sarah Khan, wrote in the complaint last month.

Bohnert, formerly of Falmouth, was driving a 2014 Nissan Suv when the crash occurred, according to the lawsuit.

Herrera's attorneys said she suffered serious injuries as a result of the crash. Those injuries included a fibula fracture, neck pain, a right knee tear, back pain dizziness, headaches, head injuries and ankle injuries. According to the complaint "some or all" of these injuries were "permanent in nature."

Herrera sued Bohnert for negligence, but the defendant died in 2018. Bohnert's mother Carol McKenzie is the administrator of his estate and is now listed as the defendant.

Herrera has also sued Uber, alleging negligent hiring and supervision. The company was also sued under a doctrine known as respondeat superior which makes a party responsible for its employees.

"Defendant Uber knew or should have known that employee Mr. Bohnert, lacked the proper skills and training and was unfit and unable to safely and properly operate the subject vehicle," the lawsuit read.

The plaintiff is seeking $760,000 in damages. Those include $50,000 of medical expenses, $10,000 in lost wages, $250,000 for future medical costs and another $100,000 in anticipated lost wages. Another $350,000 was sought in the lawsuit for permanent impairment and pain and suffering.

Discovery in the case is expected to be heard in U.S. District Court on March 26, 2021. A judgement was scheduled for May 20, 2022.