Nokia Maps is seen on a smartphone in front of a displayed logo of Uber in Zenica, Bosnia and Herzegovina, in this May 8, 2015 photo illustration. Reuters/Dado Ruvic

A US man who was filmed assaulting an Uber driver is countersuing for US$5 million (AU$7.3 million). Benjamin Golden has claimed the incident was filmed without his permission.

Golden, who was an executive for the fast-food chain Taco Bell, filed a cross-complaint last month, claiming Edward Caban recorded him and posted the video on YouTube without his knowledge or consent. He also claims he was blindsided by the driver’s mace spray, which Caban used on him when Golden repeatedly slapped and hit his face.

According to the Orange County Register, the 32-year-old passenger alleged that as he was intoxicated on the night of the incident, he started to “fear for his safety and well-being” when Caban, 23, told him to get off the vehicle in an unfamiliar location. Golden, who lost his job following the extensive media coverage of his assault, said he suffered emotional distress and humiliation from the ordeal.

He is suing Caban for US$5 million (AU$7.3 million) in damages for invasion of privacy, negligent infliction of emotional distress, assault and battery, and intentional infliction of emotional distress.

On Oct. 30, 2015, Uber driver Caban was about to end his shift when he took Golden as a passenger in Costa Mesa, Orange County, California. Golden was clearly intoxicated and had not entered his destination on the Uber app. When Golden failed to give coherent directions several times and even passed out briefly on the backseat, Caban decided not to continue with the trip anymore. He pointed the dash-camera to the inside of the car before he stopped to tell Golden to get out.

Golden tried to persuade Caban to continue with the trip, but Caban was adamant. Golden then hit and slapped Caban as he was getting off the vehicle. He only stopped when Caban sprayed him with pepper spray. Golden was arrested shortly afterwards.

He also appeared on television a few days later to deliver a tearful apology, blaming his behaviour on alcohol.

“It’s not me. … It was hard to watch and I’m ashamed,” Golden told CBS in an interview.

Caban is suing Golden for assault, battery and infliction of emotional distress and is seeking for more than US$250,000 (AU$365,000) in damages. Golden has pleaded not guilty.

Both are due back in Orange County Superior Court on Feb. 3.

YouTube/red rojo