DoorDash customer claims driver broke his leg, stole his phone and cheeseburgers: lawsuit

Like many “Game of Thrones” fans, one New York man recently ordered takeout before relaxing with the hit HBO show. He never expected that transaction would leave him with a broken leg, stolen cellphone and lost cheeseburgers, allegedly at the hands of a DoorDash delivery driver, a lawsuit claims.

On May 10, Michael Garcia returned to his New York City apartment from his job after midnight and placed an order with DoorDash around 1 a.m., the New York Daily News reports.

One hour later, the 38-year-old man received a call from his driver, identified as Barry Smith, to come outside to retrieve the burgers.

One New York man never expected that his late night DoorDash order would leave him with a broken leg, stolen cellphone and lost cheeseburgers.

One New York man never expected that his late night DoorDash order would leave him with a broken leg, stolen cellphone and lost cheeseburgers.
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“I said, ‘I’ll buzz you in,” Garcia, a restaurant manager, told the New York Post. “He said ‘No, you can come out and get the food.’”

Venturing outside and approaching Smith’s vehicle, an exasperated Garcia said that he raised his hands and told the Dasher, “You guys usually come in.”

“Do you have a problem?” Smith allegedly replied, before exiting the vehicle with an unnamed male companion and physically attacking the customer in an alleged ambush that left Garcia in “excruciating” pain, the News reports.

“I took multiple blows, kicks — and the final part of the assault was when my ankle was stomped on,” Garcia told the Post.

Then, the DoorDash customer dropped his cellphone, which one of the alleged attackers told the other to “grab” before they sped away.

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“Before they left one of them said ‘We’re going to take your f—ing food, too,'” Garcia remembered.

A neighbor called 911 and the man was hospitalized, soon learning his leg had been broken in two places, according to the Post.

Garcia was able to identify the DoorDash driver from police photographs, as per the outlet, while Smith’s accomplice has not yet been identified.

Smith was soon arrested and charged with felony assault and petty theft.

Garcia has since filed a lawsuit in Manhattan Supreme Court, accusing officials for the food delivery app of negligence in vetting their workers.

“Unfortunately, you don’t know who’s coming to your house when you use these services,” Robert Berkowitz, an attorney for Garcia, told the News.

“They should ensure that their service is done properly and their customers are safe. Where’s the accountability? Where’s the supervision where’s the training? Where’s the vetting of the employee?” Berkowitz elaborated. When a person calls one of these services I think they have a reasonable expectation of safety.”

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Garcia alleges that he was unable to work for two weeks due to his injuries sustained in the assault, and has only returned to his job part-time. He faces four months of physical therapy, the News reports.

Reps for DoorDash did not immediately return Fox News’ request for comment on the story.

Last week, the company dismissed a Pennsylvania delivery driver who allegedly ate a customer’s barbecue ribs after reportedly dropping off the order with bite marks.


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