Defendant, UBER TECHNOLOGIES, INC., (hereinafter “Defendant”) by its attorneys, GOLDBERG SEGALLA LLP, answering the Verified Complaint of the Plaintiff herein, upon information and belief, alleges:

Defendant admits that Uber USA, LLC is a foreign limited liability company registered to conduct business in the State of New York.

Denies having knowledge or information sufficient to form a belief as to the truth of each and every allegation contained in the paragraph numbered “30” of the Verified Complaint.

Consequently, Plaintiff is barred from recovering damages for any injuries which were caused or brought about by reason of Plaintiff’s failure to utilize available seatbelts and/or helmet and/or safety devices.

If Defendant is held liable to Plaintiff in this action, such liability and damages will have arisen out of and have been contributed to in total or in substantial part by the acts, omissions, fault, negligence, carelessness, recklessness or the breach of contract, breach of warranty or other agreement and/or strict liability of the co-defendants, or their agents, servants, or employees, without any active or affirmative negligence, culpable conduct, breach of contract, warranty, or other agreement by Defendant, and in such event Defendant is, therefore, entitled to contribution from the co-defendants in accordance with the parties’ respective culpability, together with all costs and expenses which may be incurred in the defense of this action.

Admits that Uber USA, LLC is a foreign limited liability company registered to conduct business in the State of New York.

Denies having knowledge or information sufficient to form a belief as to the truth of each and every allegation contained in the paragraph numbered “30” of the Verified Complaint.

Consequently, Plaintiff is barred from recovering damages for any injuries which were caused or brought about by reason of Plaintiff’s failure to utilize available seatbelts and/or helmet and/or safety devices.

In the event Plaintiff seeks to recover a verdict or judgment against Defendant, then 267. said verdict or judgment must exclude or be reduced by those amounts which have been, or will with reasonable certainty replace or indemnify Plaintiff, in whole or in part, for any past or future medical costs, health care, life care, or other economic loss or the benefit that is offered or provided

If Defendant is held liable to Plaintiff in this action, such liability and damages will have arisen out of and have been contributed to in total or in substantial part by the acts, omissions, fault, negligence, carelessness, recklessness or the breach of contract, breach of warranty or other agreement and/or strict liability of the co-defendants, or their agents, servants, or employees, without any active or affirmative negligence, culpable conduct, breach of contract, warranty, or other agreement by Defendant, and in such event Defendant is, therefore, entitled to contribution from the co-defendants in accordance with the parties’ respective culpability, together with all costs and expenses which may be incurred in the defense of this action.