The man seen drunkenly assaulting a Southern California Uber driver in a video that went viral now claims in a lawsuit he never consented to the recording.
Benjamin Golden says Edward Caban’s YouTube video of the Oct. 30 attack invaded his privacy and caused him emotional distress, the Orange County Register reported Friday.
The video drew millions of viewers.
Golden, 32, is suing Caban for $5 million in damages.
His lawsuit says he was intoxicated and began to “fear for his safety and well-being” after Caban pulled over and kicked him out of the Uber car in an unfamiliar spot in the Orange County town of Costa Mesa, the paper reported.
The complaint claims the video was recorded illegally and without Golden’s knowledge.
The brief video shows what happens after Caban tells Golden to get out because he’s too drunk. Golden slaps, hits and pulls Caban’s hair. Caban responds with pepper spray.
The 23-year-old Caban lodged a complaint with police who arrested Golden on a misdemeanor assault charge. He has pleaded not guilty and his next court date is Feb. 24, the Register reported.
Taco Bell fired Golden from his job as a marketing manager over the incident.
He later apologized to Caban through a lawyer.
Caban sued Golden for $25,000 in November and at the time his lawyer told the Register that the assault left his client traumatized.
“It’s been a living nightmare for this young kid who has never had any altercations,” the attorney Rivers Morrell said. “He’s fearful, he can’t sleep, he just can’t get this out of his head.”