A federal jury in Charlotte, North Carolina, has delivered a significant verdict against rideshare giant Uber, holding the company liable for the actions of one of its drivers who assaulted a passenger. The driver grabbed the inner thigh of the passenger as she was exiting the front seat of his car and asked if he could "keep her" with him, according to court testimony.
Jury Awards Damages in Bellwether Case
The jury awarded the plaintiff $5,000 in damages, as confirmed by Ellyn Hurd, one of the plaintiff's lawyers. This case is part of a broader group of sexual assault lawsuits filed against Uber across multiple jurisdictions in the United States and represents the third such case to proceed to trial. In February, a federal jury in Arizona ordered Uber to pay $8.5 million to a woman who alleged she was raped by a driver during a trip booked through the platform. Conversely, last year, a California jury found Uber not liable in a similar alleged assault case.
Uber's Response and Legal Strategy
In an emailed statement, Uber highlighted the relatively small financial judgment in the North Carolina case and noted that the jury found battery had occurred, not sexual assault. "The jury's award here should further bring these cases back to reality, as it represents a tiny fraction of previous demands," the statement read. Uber also indicated strong grounds for appeal, arguing that the jury was incorrectly instructed on liability questions.
The company emphasized that the driver denied touching the plaintiff and stated that the incident was not reported to law enforcement until the lawsuit was filed three years later. However, Hurd countered that the lack of a police report does not invalidate the plaintiff's account, which was corroborated by testimony from friends during the trial.
Implications for Pending Lawsuits
Hurd suggested that the verdict bodes well for other plaintiffs, noting that Uber itself selected this North Carolina case as a test case for the broader litigation. "This was a case that they thought going in that they were going to win," Hurd said. "They picked all the criteria — this is the case that they picked, that they wanted to try. And the jury believed the plaintiff and they lost."
Judge's Ruling on Common Carrier Status
U.S. District Court Judge Charles R. Breyer, presiding over the group of lawsuits, ruled that Uber qualifies as a "common carrier" under North Carolina law, making the company liable for the driver's actions. Judge Breyer pointed out that Uber presents itself as a transportation provider through advertising and exerts control over rides and passenger safety. He noted that North Carolina, unlike states such as Florida and Texas, has not explicitly exempted rideshare providers from common carrier liability.
This ruling meant the jury only needed to determine whether the assault occurred, rather than debating Uber's liability status. The trial, which began on a Wednesday and concluded the following Monday, included testimony from the driver, the plaintiff, and supporting witnesses.
Broader Context of Uber's Safety Record
The lawsuits follow years of criticism regarding Uber's safety practices, with thousands of sexual assault incidents reported by both passengers and drivers. A key issue has been Uber's classification of drivers as gig workers or independent contractors, rather than employees, which the company has historically used to argue it is not liable for their misconduct.
Judge Breyer, based in San Francisco in the U.S. District Court for the Northern District of California, is scheduled to oversee two more sexual assault test case trials against Uber. The next trial is set for mid-September in San Francisco, indicating that legal challenges to Uber's liability framework will continue to unfold in the coming months.
