MONTGOMERY COUNTY, Ohio (WDTN) — Lyft has filed a motion to dismiss a wrongful death lawsuit that was filed in Montgomery County.

The family of Brandon Cooper, a Lyft driver killed in January 2022, announced a wrongful death lawsuit against the rideshare company and the teens involved in December 2022.

On Jan. 26, 35-year-old Cooper of Beavercreek was found dead with gunshot wounds in the front seat of his car in Dayton. Investigation led police to four teenagers who had allegedly robbed a different rideshare driver the same night.

The four teens, all ages 15-16 at the time, were arrested.

In a court filing, lawyers for Lyft argued the company had no duty to protect Cooper from the criminal acts of third parties — like his passengers.

“No special relationship existed between Mr. Cooper and Lyft that would provide a basis for liability. Further, actions of the Minor Defendants were not foreseeable,” reads the document.

The document goes on to conclude, “This case presents a tragedy. There is no dispute regarding that conclusion. But while Mr. Cooper’s death is tragic, Plaintiff has failed to state a claim against Defendant Lyft, Inc. upon which relief can be granted.”

A date for a hearing on Lyft’s motion has not yet been set.