Joselita Rivera in his bicycle allegedly got some injuries when a side mirror of a car of Fenix Car Service Corp. hit the side bar of the bicycle. He only found out that it was one of their cars because of the sticker on the vehicle because the driver did not stop when it happened. A source said that Mr. Rivera filed a case before the court. In his request for a trial, he cited Fenix Car Service Corp. as a party that is also responsible for his injury as the driver was working for them, and they handled the operations.
To answer the court case, Fenix Car Service Corp. submitted an affidavit saying that their drivers are not their employees. Jose Elias Rodriguez who also drove for Fenix Car Service Corp. submitted a corresponding affidavit that says that they are not employees. Fenix Car Service Corp. says that what they provide their contractors is a dispatch service. A Lawyer found out that the vehicles were owned and maintained by their owners who are almost always the drivers of the cars as well. The president of Fenix Car Service Corp. says that the contract they have with the driver’s to pay them a weekly fee for the calls radioed to them, so they will have jobs. The process for their contractors if there is any accident is to notify them, for them can call emergency services but there was no call to report such an accident. When they learned about what happened, they investigated as to who was driving at that time. They interviewed each driver but no one has said they were involved in that accident. They were moving for a summary judgment because they are saying Fenix Car Service Corp. should not be part of the case even if the car had their sticker for identification.
The courts in Queens and Staten Island denied the motion because of various reasons. A Lawyer said that for a summary motion to be granted, at face value or with the initial look of the court there it does not show that there are any issues connecting the defendant to the case. If there were only allegations and no evidence showing connections, then it would have been granted by the court.