ALBUQUERQUE (CN) – A man who tried to do the right thing and called a cab to take him home rather than drive drunk claims that when he found himself $6 short on the fare, the cabdriver beat him senseless with a flashlight.
Anthony Mares sued the Albuquerque Cab Co. and its driver Kurt J. Robertson in Bernalillo County Court.
Mares says he had been drinking at his cousin’s house, and “responsibly decided not to drive himself home that night.”
So he called Albuquerque Cab. But when the driver got him home, Mares says, he checked his wallet and found he was $6 short on the fare.
Mares says he asked the cabbie to drive him to a nearby gas station, where he thought there was an ATM machine, but there wasn’t. So the cabbie drove him to a bank, and at that point, Mares says, he could no longer find his wallet. He thought “he may have dropped it at the gas station.”
That set off the cabdriver, Robertson, who locked Mares into the back of the cab, leapt over the seat and attacked him, Mares says. He claims he escaped briefly, but Robertson chased him, knocked him down and beat him with fists and a metal flashlight.
Mares says he suffered severe lacerations to the face and briefly lost consciousness. Then, he says, Robertson dragged him back to the car and locked him in again.
Mares says Robertson eventually allowed him to call his mother and ask her to come pay the $6, but even while he was on the phone, Robertson harassed and assaulted him, flicking the bleeding wounds on his face and taunting him.
When his mother’s “significant other” picked up the phone, Mares says, he could hear Mares say, “Stop flicking my eye,” and heard Robertson yelling, “You’re going to pay me my fucking six dollars.”
Mares claims that Robertson called the police, and they arrested the cabbie, for assault and for possession of marijuana. He says Robertson pleaded guilty to aggravated battery.
Mares seeks damages for assault and battery, false imprisonment, negligence and emotional distress. He is represented by Ray Vargas with Garcia & Vargas.