A Californian man is suing an Uber driver he attacked for $5million, after footage of the attack was posted online.

Benjamin Golden, a former executive at restaurant chain Taco Bell, was caught on camera physically assaulting a 23-year old Uber driver Edward Capan in October last year.

Video footage taken by Mr Capan shows Golden appearing extremely intoxicated, and unable to give directions to the driver.

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Mr Capan tells the slurring Golden he can’t stay in the car if he’s unable to give directions or enter his destination into the Uber app.

Clearly frustrated, Mr Capan pulls over the car and tells Golden the trip is over because he is too drunk, and asks him to get out.

Just when it appears Golden is about to get out of the car, he yells “Let me tell you something” and begins to slap and punch Mr Capan’s head by reaching around to the front seat.

After a few seconds, Mr Capan uses capsicum spray to ward off Golden, who runs off.

“Call the police!”, Mr Capan can be heard yelling, as well as “Yeah that’s right you got maced! (capsicum sprayed)”.

Since the October incident, Golden has pleaded not guilty to criminal charges, and filed a $5million lawsuit in response to Mr Capan’s $25,000 damages suit.

Golden is alleging Mr Capan illegally filmed the incident and in posting it online, caused Golden to lose his job and suffer emotion distress.

In a statement, Taco Bell said: “Given the behaviour of the individual, it is clear he can no longer work for us. We have also offered and encouraged him to seek professional help.”

He alleges Mr Capan kicked him out of the car in an unfamiliar location, temporarily blinded him with capsicum spray, and that the incriminating footage should not be admissible as evidence in court.

Watch the video below: