Lyft asks court to dismiss wrongful death lawsuit after driver allegedly killed by teens

DAYTON — Lyft is asking the court to dismiss a wrongful death lawsuit filed by the family of a driver who was shot and killed in January last year.

The motion was filed in Montgomery County Municipal Court Friday and outlines the reasons why Lyft claims they are not liable for 35-year-old Brandon Cooper’s murder in January 2022.

Dayton Police Department previously told News Center 7 that multiple teenagers allegedly requested the rideshare service than intended to rob Cooper when he was shot and killed.

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In December 2022, Cooper’s family filed a wrongful death lawsuit against Lyft.

“The blood of my son is on Lyft’s hands,” Michelle Cooper, Brandon’s mother said. “The only thing they didn’t do was pull the trigger.”

“Any theory of liability based on negligence fails because the Complaint does not—and cannot—allege that Lyft had a duty to protect Plaintiff from the criminal actions of third-party passenger,” the motion states.

Lyft also claims that there is no way the company could have anticipated that the teens were going to shoot Cooper.

An hour before being picked up by Brandon, the teens had allegedly carjacked another Lyft driver. That female Lyft driver was able to run to a nearby house, where the resident called 911, according to a 911 call obtained by News Center 7. The wrongful death lawsuit states that the rideshare company did not notify Brandon about the incident after it was reported.

While the rideshare company said as a Transportation Network Company they do not have a “statutory or common law duty” to implement “wide-ranging measures” such as screening passengers, requiring drivers to record rides and allowing drivers to carry guns when transporting passengers.

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Additionally “no special relationship circumstances” existed between Cooper and Lyft “ which gives the other the right to protection,” Lyft also states.

“There is no allegation either that Lyft had a duty to control the Minor Defendants, or how it would have done,” the motion reads.

“The Minor Defendants merely used the Lyft App, and that was the extent of their relationship to Lyft,” they add.

In the motion’s conclusion, the tragedy of Cooper’s death is acknowledged by the rideshare company.

“This case presents a tragedy. There is no dispute regarding that conclusion. But while Mr. Cooper’s death is tragic, Plaintiff has failed to state a claim against Defendant Lyft, Inc. upon which relief can be granted,” it states.

At this time, the court has not ruled on this dismissal.

We will continue following this developing story and update if and when a decision has been made

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