Uber Technologies settled a passenger sexual assault lawsuit in Austin, Texas, less than 48 hours after jury selection concluded. The case, Jane Doe QLF 001 v. Uber Technologies, Inc., was scheduled for opening statements on Monday before U.S. District Judge Charles R. Breyer.

The plaintiff alleged that failures in the company's background check process allowed a dangerous driver onto its platform, leading to her assault during a 2020 ride. The driver, Victor Huynh Le, was criminally convicted of sexual assault in 2022 and sentenced to 11 years in prison. During jury selection, Uber stipulated that it would not contest that the assault occurred. The terms of the settlement remain confidential.

Litigation context and MDL status

This case was intended to be the third federal bellwether trial in the In re: Uber Technologies Inc., Passenger Sexual Assault Litigation (MDL No. 3084). Judge Breyer, who presides over the multi-district litigation, personally oversaw the prior bellwether trials in Arizona and North Carolina.

Co-lead counsel for the plaintiffs noted that this resolution follows two consecutive federal bellwether verdicts where juries found Uber responsible for its drivers' assaults. The legal team emphasized that approximately 5,000 other survivors are still awaiting justice through the MDL process.

Legal representation and statements

The plaintiff was represented by Kevin Queenan of Queenan Law. The case was overseen by co-lead counsel Rachel Abrams (Peiffer Wolf), Sarah London (Girard Sharp), and Roopal Luhana (Chaffin Luhana). Co-lead trial counsel included London, Alexandra M. Walsh (Anapol Weiss), Deborah Chang (Chang Klein), and Khaldoun Baghdadi (Walkup Melodia).

In a statement, the MDL co-leads stated that Uber chose to resolve the case rather than let a jury hear the evidence. They noted that Uber has begun making changes to its safety practices due to the litigation but argued these changes come too late for thousands of passengers already harmed. The counsel called for a global resolution for the remaining 5,000+ survivors.

A retired California judge has ordered Uber Technologies Inc to pay $40 million to the parents of Emily Normandin-Parker, rejecting the company's defense that it operates merely as a technology platform. The ruling holds Uber liable as a common carrier with a non-delegable duty to protect passengers.

Arbitration Outcome

Retired Judge Richard A Stone issued the decision following a five-day arbitration. He concluded that Uber effectively offers transportation services, controls key aspects of the rider experience, sets fares, and profits directly from rides. The judge expressly rejected Uber's contention that it is only a software platform connecting riders with independent drivers.

The award allocates $20 million each to Carol Normandin and Ken Parker for the wrongful death of their daughter. The ruling also determined that Proposition 22 does not shield Uber from vicarious liability for the negligence of its drivers.

Incident Details

The arbitration arose from the August 12, 2023 death of Emily Normandin-Parker, a 23-year-old UCLA graduate. Evidence presented showed that Uber driver Vu Tran illegally stopped on a freeway gore point on State Route 73 after Emily's friend became sick during the ride. Tran demanded payment for a cleaning fee and ordered the two intoxicated women out of the vehicle.

Emily was left stranded alongside multiple lanes of freeway traffic, where she was struck by several vehicles and killed. Judge Stone found Tran's testimony largely incredible, noting he needlessly placed passengers in danger and showed more concern for his car than for their safety. Tran left the scene without rendering aid or calling 911.

Safety Policy Concerns

Evidence revealed that Uber had received multiple prior complaints about Tran's reckless behavior, including one report describing him as providing the least safe ride experienced by a customer. Despite assurances to customers that his account was under review, Uber did not conduct any review of these incidents. The company followed a corporate policy stating it would only review safety complaints if they resulted in a citation or death, or if enough complaints were received regardless of severity.

Judge Stone expressed concern with Uber's broader approach to rider safety, warning that the company should learn from this incident and revise its policies. He stated that failure to do so would proceed at Uber's own substantial risk.

Post-Award Actions

After the award was issued, Uber filed a motion in Orange County Superior Court seeking to compel confidentiality for both the proceedings and the award. The company proposed a settlement agreement that would have prevented Normandin and Parker from making truthful statements about Uber's connection to Emily's death, threatening a $10 million liquidated damages penalty for each violation. The parents refused the blanket confidentiality terms.

The family intends to use the proceeds to fund The Emily Normandin-Parker Foundation, established to honor Emily's memory and advocate for stronger rideshare safety protections.