Federal Jury Finds Uber Liable For Sexual Assault In Bellwether Litigation Verdict

A federal jury in the U.S. District Court for the District of Arizona has returned a verdict finding Uber Technologies, Inc. liable for the November 15, 2023, sexual assault of passenger Jaylynn Dean. The jury determined that Uber’s establishment of an apparent agency relationship was a substantial factor in the incident and ordered the transportation network company to pay $8.5 million in compensatory damages.

The trial, which spanned nearly four weeks, is the first bellwether case in a federal multidistrict litigation (MDL) involving more than 3,000 similar claims. The proceedings highlighted systemic failures in Uber’s safety protocols and risk assessment methodologies during the dispatch of driver Hassan Turay to transport the 19-year-old plaintiff.

Evidence presented during the trial included internal corporate documents revealing the utilization of Uber’s Safety Risk Assessed Dispatch (S-RAD) algorithm. In the instance involving Dean, the S-RAD algorithm generated a risk score of 0.81 out of 1.0, indicating a high probability of a serious safety incident. Despite this quantified elevation in risk, the platform proceeded with the match without issuing a warning to the rider or implementing secondary safety interventions.

Testimony established that the driver deviated from the prescribed route, deactivated GPS tracking, and assaulted the incapacitated passenger in the vehicle. Uber terminated the driver’s access to the platform only after Dean reported the assault to law enforcement and company representatives.

Discovery of internal communications and executive testimony, including depositions from current CEO Dara Khosrowshahi and former CEO Travis Kalanick, suggested that Uber possessed longitudinal data regarding the heightened risks faced by women riding alone at night. Analysts noted that the company refrained from disclosing these specific safety metrics to users due to potential business implications and brand perception concerns.

The verdict centers on the legal theory of apparent agency, with the jury finding that riders reasonably rely on Uber’s marketing and safety representations. Lead trial counsel Sarah London characterized the decision as a harbinger for the remaining cases in the MDL, noting that the jury validated the plaintiff’s reliance on Uber’s stated safety standards.

This litigation marks a significant moment for industry transparency regarding algorithmic risk modeling. The revelation of the S-RAD system suggests that TNCs possess the capability to identify high-risk trip parameters in real-time but may lack the operational mandates to halt dispatches based on those predictive scores.

The MDL, designated as In re: Uber Technologies Inc., Passenger Sexual Assault Litigation (MDL No. 3084), continues to move forward. A second bellwether trial is scheduled for April in the Western District of North Carolina. Legal experts indicate that the Arizona verdict sets a precedent for how juries evaluate the duty of care in platform-to-contractor relationships and the responsibilities of technology firms to utilize internal safety data to prevent foreseeable harm.

The plaintiff, Jaylynn Dean, waived anonymity to advocate for increased transparency and safety warnings for women utilizing ride-hail platforms. Representation for the plaintiff included firms Girard Sharp, Peiffer Wolf, Chaffin Luhana, Anapol Weiss, and Chang Klein.