CHICAGO, Sept 30 (Reuters) - Uber ( UBER ) is not liable for the
sexual assault of a woman who said she was attacked by her
driver on a ride she ordered from the app, a California jury
said on Tuesday, according to an attorney for the plaintiff.
At the end of a three-week civil trial in San Francisco
Superior Court, the jury rejected the woman's argument that Uber ( UBER )
was to blame for her assault.
The case was the first to go to trial out of more than 500
lawsuits consolidated in California state court. There are also
more than 2,500 lawsuits making similar claims that have been
centralized in a federal court in California.
The woman, who went by Jessica C. at trial, sued in 2021,
claiming she was assaulted by an Uber ( UBER ) driver in 2016. During the
ride, her driver pulled off on a side street, restraining,
groping and kissing her, according to her attorneys.
Her lawsuit was chosen to serve as the first "bellwether"
for the state court litigation. In litigation with many
plaintiffs asserting similar claims, bellwether trials are used
to test the claims and establish what they may be worth. Judges
may use the outcome of the trial to manage the remaining cases,
or lawyers can use them to inform settlement negotiations.
The woman's attorneys had asked the jury for between
$175,000 and $1.2 million in compensatory damages for each year
of her life, suggesting larger figures for the years closest to
the assault. They did not suggest a number for punitive
damages.
SAFETY PRACTICES IN THE SPOTLIGHT
The lawsuits allege Uber ( UBER ) was aware it had a problem with
drivers assaulting riders, but kept data on how many assaults
took place from the public and did not take action to address
the issue.
The plaintiffs have argued that Uber ( UBER ) knew that things like
assigning female riders to female drivers or requiring dash cams
to record driver and passenger interactions would reduce
assaults, but failed to broadly implement such programs.
Uber ( UBER ) has maintained it should not be liable for criminal
conduct by the drivers it connects with passengers, and that its
background checks and disclosures about assaults were
sufficient.
The litigation threatens to reopen wounds from Uber's ( UBER ) early
years, when the company was dogged by safety controversies,
allegations of lax driver vetting, and a culture critics said
prioritized growth over protecting passengers.
With hundreds of millions of dollars potentially at stake,
the outcome could weigh on Uber's ( UBER ) balance sheet and complicate
its relationships with regulators and investors who have closely
tracked its safety record.
The company has made safety a central talking point in
recent years, publishing U.S. Safety Reports that detail
reported sexual assaults, rolling out features such as in-app
ride verification, video and audio recording of rides, anomaly
detection, and partnering with survivor advocacy groups to
reform driver training.
Uber ( UBER ) has also touted the formation of a Safety Advisory
Board chaired by former U.S. Homeland Security Secretary Jeh
Johnson, and pledged $10 million through its "Driving Change"
initiative to support organizations working to end gender-based
violence.
Despite these measures, Uber's ( UBER ) safety reputation has
remained fragile. In its latest safety report published last
year, covering the 2021-2022 period, Uber ( UBER ) said reports of
serious sexual assault on its platform have fallen by 44% since
its first report in 2017-2018. But with thousands of cases still
documented, critics say systemic risks remain.
Prompted by an August New York Times report on the issue, a
U.S. House of Representatives subcommittee sent a letter last
week to Uber ( UBER ) CEO Dara Khosrowshahi seeking information on the
company's protocols for responding to and preventing sexual
assaults on its rides.