Boise woman sues Uber Eats, after driver convicted of entering her home, sexually assaulting her

BOISE, Idaho — A Boise woman is suing Uber and Uber Eats, claiming the companies failed to protect her. This comes after her Uber Eats driver was convicted of sexually assaulting her.

She alleges the company knew there was a risk and lacked proper safeguards, according to a 28-page complaint filed Wednesday in state district court in Boise. The woman's attorney, Eric Rossman, sent the complaint to KTVB.

The suit does not name the woman and refers to her as Jane Doe throughout it.

Last October, the 21-year-old woman used Uber Eats to have food and wine delivered. Because alcohol was included, Uber's policies required the driver to check her ID in person, the lawsuit says.

The woman says she showed the driver a photo of her ID, but he wanted the physical card. She headed downstairs to get it, and when she came back up, the man was "standing in her kitchen," according to the complaint.

The suit says he used a translation app to ask if she lived by herself and if she used marijuana, among other things. He grabbed her phone, then sexually assaulted her as she kept telling him no, according to the suit.

John Rumel, a University of Idaho law professor, who read the complaint, said deliveries put drivers at a customer's door.

"You have pretty much a personal transaction," Rumel said.

He said this case involves two kinds of claims.

"I think in this case there are both negligence theories based on the conduct of the Uber entities, Uber Eats and Uber," Rumel said. "There was also conduct by the driver here that was assaultive and intentional."

The woman is also suing the driver for deliberately causing her severe emotional harm, trespass, and invasion of privacy for coming into her home without permission.

Rumel said cases like this one are on the rise.

Uber faces more than 4,500 lawsuits in federal courts from passengers nationwide who say drivers sexually assaulted them, according to a Sept. 1 report from the U.S. Judicial Panel on Multidistrict Litigation.

Rumel said it is "not surprising" to see more litigation as "these kinds of services are increasingly being used."

The driver, identified as Luis A. Calvo Felipa, 28, was arrested within days. Court records show he took a plea deal in April and was convicted on a felony burglary charge and a misdemeanor sexual battery charge. He was sentenced in July to six years in prison.

The woman is now suing Calvo Felipa, Uber, and Uber Eats. Her attorneys allege the company owes it to customers and the public to make sure the people hired as drivers don't pose a danger to them.

The lawsuit claims Uber fell short by having no policy barring delivery drivers from going inside customers' homes. It also accuses the company of not properly vetting the driver who showed up.

Uber's website says drivers must pass a criminal background check and have a valid Social Security number, among other things.

The company also says it uses what it calls "Real-Time ID Checks," regularly prompting drivers to submit selfies when they log on to the app or between deliveries to confirm they are the account holder.

Through the lawsuit and during the discovery phase, the woman's attorneys hope to learn if a selfie check was done around when the delivery happened, how the driver was hired, and if he was an Uber employee or was using someone else's account.

According to the Department of Homeland Security, Calvo Felipa is from Peru. He was arrested in Arizona in 2023 after entering the country illegally. The agency said he was then released into the country.

KTVB asked the department if he has or had authorization to work in the U.S., which would have allowed him to get a valid Social Security number. The agency had not responded as of Friday evening.

The lawsuit says the woman was diagnosed with PTSD and depression following the attack. She is asking for a jury trial and damages. The suit does not name a dollar amount.

KTVB reached out to Uber on Wednesday about the claims and has not heard back. An attorney for Calvo Felipa also did not respond.