A Newport Beach man who allegedly attacked an Uber driver in an altercation that was caught on video is now suing that driver for $5 million, claiming the video was recorded without his consent, according to court records.

Benjamin Golden, a 32-year-old former executive for Taco Bell, was arrested in November and charged with misdemeanor assault and battery for allegedly slapping and hitting his Uber driver, Edward Caban, 23, on Oct. 30.

The altercation off Newport Beach Boulevard in Costa Mesa was recorded on a dash-camera and posted to YouTube in a video that went viral. Golden, who lost his job over the incident, later apologized through his attorney.

In November, the Uber driver sued Golden for more than $25,000 in damages, claiming assault, battery and infliction of emotional distress.

In a cross-complaint filed by Golden last month, he claims Caban illegally recorded the incident and then posted the video to his YouTube page, generating millions of views.

The lawsuit says Golden never consented to be audio or visually recorded and the recording was done without his knowledge.

Golden says he was intoxicated that night and began to “fear for his safety and well-being” when the driver decided to pull over and “kick” him out of the car in an unfamiliar location. In the altercation, Golden was blinded by the driver’s pepper spray, the suit says.

As a result of the overwhelming media coverage, Golden says he suffered severe emotional distress, humiliation, anxiety and the loss of his job.

The lawsuit claims invasion of privacy, negligent infliction of emotional distress, intentional infliction of emotional distress, assault and battery. He is seeking damages in excess of $5 million.

Golden’s attorney Courtney Pilchman was not immediately available for comment. Both parties are due back in Orange County Superior Court on Feb. 3.

In an interview in November, Caban’s attorney, Rivers Morrell, said the Uber driver was traumatized by the attack.

“It’s been a living nightmare for this young kid who has never had any altercations,” Morrell told the Register. “He’s fearful, he can’t sleep, he just can’t get this out of his head.”

Golden has pleaded not guilty to the criminal charges and is due back in court on Feb. 24.

Contact the writer: kpuente@ocregister.com