Uber must pay a passenger who accused one of its drivers of rape $8.5 million, a federal jury in Phoenix has ordered. The jury found Uber liable for its driver’s misconduct, determining that the driver was an agent of the company. Part of Uber’s defense was that it’s not responsible for what its drivers do, as they are independent contractors. This decision is for but one of the 3,000 similar cases against Uber that have been consolidated in federal court. It was a bellwether trial meant to determine the possible outcomes of the other cases, as well as the possible settlements. As The Guardian explains, the results for this case could be used as a precedent for all the other pending lawsuits if the verdict is upheld by the appeals court.
The case chosen for the bellwether trial was filed by Jaylynn Dean, who said she was raped by her Uber driver in 2023. Dean said she was intoxicated when she ordered an Uber to take her back home from her boyfriend’s apartment after celebrating passing a test for her flight attendant training. The driver allegedly stopped at a dark parking lot and raped her in the backseat.
Uber argued that the driver had no criminal history, had completed training and had excellent passenger feedback. The company’s camp also presented its safety measures, including the development of a machine-learning tool that can assess the risk of potential rides. But Dean’s lawyers showed evidence during the trial that she was tagged as high risk for a serious safety incident just before her ride arrived and that she wasn’t notified about it. They also presented documents suggesting that Uber resisted introducing in-car cameras, because it would slow down growth. “Women know it’s a dangerous world. We know about the risk of sexual assault,” Dean’s layer said in her closing arguments. “They made us believe that this was a place that was safe from that.“
Despite the jury holding Uber liable for the incident, it determined that the company wasn’t negligent when it comes to safety practices and its app’s safety systems were not faulty. “This verdict affirms that Uber acted responsibly and has invested meaningfully in rider safety,” an Uber spokesperson told The New York Times. He also said that Uber plans to appeal the jury’s decision. In addition to the 3,000 lawsuits consolidated in federal court, Uber is also facing 500 similar cases in California state court. Last year, a California jury found that the company was not liable for a sexual assault that the plaintiff alleged her driver had committed back in 2016.
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