Uber ordered to pay $5,000 over driver’s inappropriate conduct; plans to challenge ruling

(SeaPRwire) –   A North Carolina jury determined on Monday that the rideshare company Uber bears responsibility for a driver’s actions, specifically his grabbing of a passenger’s inner thigh as she exited the front seat of his vehicle and his inquiry about “keeping her” with him.

According to Ellyn Hurd, one of the plaintiff’s attorneys, the federal jury in Charlotte granted the plaintiff $5,000 in compensation.

This particular case, considered a bellwether, is among numerous sexual assault lawsuits lodged against Uber across various U.S. jurisdictions and marks the third such case to reach trial. Previously, in February, an Arizona federal jury mandated Uber to pay $8.5 million to a woman who claimed she was raped by one of its drivers during a platform-booked ride. Conversely, a California jury last year absolved Uber of liability in a separate alleged rider assault.

In a statement sent via email, Uber highlighted the comparatively modest financial award in the North Carolina proceedings and the jury’s finding of battery rather than sexual assault.

Uber’s statement asserted, “The jury’s award here should further bring these cases back to reality, as it represents a tiny fraction of previous demands,” further stating that the company possesses substantial grounds for an appeal, contending that the jury received improper instructions regarding liability.

The Associated Press generally refrains from identifying individuals who report sexual abuse unless they or their legal representatives have provided consent, or if they have publicly disclosed their experiences.

Hurd indicated that the verdict is a positive sign for other plaintiffs, noting that Uber, rather than the plaintiffs, chose the North Carolina case as a representative trial for the larger collection of outstanding lawsuits.

“This was a case they anticipated winning from the outset,” Hurd commented. “They established all the parameters — this is the specific case they selected and wished to litigate. Yet, the jury sided with the plaintiff, resulting in their defeat.”

These legal actions arise after years of scrutiny regarding Uber’s safety protocols, encompassing thousands of reported sexual assault incidents involving both passengers and drivers. Given that Uber drivers are classified as independent contractors, or gig workers, rather than direct employees, the platform has consistently asserted its non-liability for their inappropriate conduct.

U.S. District Court Judge Charles R. Breyer, who is overseeing this collection of lawsuits, determined that Uber qualified as a “common carrier” under North Carolina statutes, thereby making it responsible for the driver’s behavior. Breyer explained that Uber presents itself to the public as a transportation service through its marketing and the oversight it maintains over its rides and passenger safety. He noted that North Carolina had the option to explicitly exempt Uber and similar rideshare services from common carrier liability, as Florida and Texas have done, but chose not to.

Hurd clarified that this meant the North Carolina jury’s sole task was to ascertain if the incident occurred.

Uber stated that the driver denied making physical contact with the plaintiff. The company also mentioned that the plaintiff did not report the event to law enforcement, and Uber became aware of it only when the lawsuit was initiated three years subsequent to the alleged incident.

Hurd countered that the plaintiff’s failure to report the incident to law enforcement does not invalidate her claim. She added that throughout the trial, which commenced on Wednesday and concluded on Monday, the jury heard accounts from the driver, the plaintiff, and the plaintiff’s friends who supported her narrative.

Judge Breyer, who presides in the U.S. District Court for the Northern District of California in San Francisco, is slated to preside over two additional sexual assault test case trials involving Uber. The subsequent trial is set for mid-September in San Francisco.