Uber Faces 2nd Sexual Assault Trial as Pressure Mounts After $8.5M Verdict

After a key setback in the first trial of its kind before a federal jury, Uber is expected to return to court on Tuesday to face a second woman’s claims that she was sexually assaulted by a driver she booked through the app.

The jury trial in federal court in Charlotte, North Carolina, expected to last about three weeks, will help determine whether a recent $8.5 million verdict in Arizona was an anomaly or a sign of deeper legal trouble for Uber, which is facing more than 3,300 similar lawsuits consolidated in federal court.

Both cases are so-called “bellwether” trials, or test cases for the wider litigation. Their outcomes could influence the valuation of the remaining lawsuits and shape any potential settlement or collective resolution.

The anonymous plaintiff alleges that, upon arriving at her destination in Raleigh, North Carolina, shortly before 2 a.m. in March 2019, her Uber driver grabbed her inner thigh and asked if he could “keep it with him”, prompting her to flee the vehicle.

Uber, which has faced numerous safety controversies, has not denied that the incident took place. However, in court filings, it argues that it is a software company rather than a “common carrier”, such as a taxi service, and therefore does not have the same legal duty to protect passengers under North Carolina law. The company also contends that it is not liable for the actions of an independent contractor, even if the plaintiff proves otherwise.

The question of whether Uber drivers are employees or independent contractors — with significant legal implications — has shadowed the company throughout its operations in the US and abroad. Despite extensive litigation and regulatory scrutiny, no clear consensus has emerged.

The North Carolina trial will be presided over by US District Judge Charles Breyer, who is based in San Francisco and is overseeing the broader litigation against Uber.

In a statement on Friday, an Uber spokesperson said the incident in question had not been reported to the company or to law enforcement at the time, and only came to light when the plaintiff filed her lawsuit.

“Sexual assault is a horrific crime that we take incredibly seriously. We remain focused on investing in technology, policies and partnerships that strengthen safety, help prevent harm, and support survivors,” the spokesperson said.

Lawyers for the plaintiff did not respond to a request for comment.

In the first case to go to trial, an Oklahoma resident alleged that an Uber driver in Arizona harassed and then raped her during a ride in 2023.

In February, a jury found that the driver was acting as an agent of Uber, holding the company responsible for his actions. The jury awarded the woman $8.5 million in compensatory damages but declined to grant punitive damages. Her attorneys had sought more than $140 million. Uber has since asked Judge Breyer, who also presided over that trial, to overturn the verdict or order a new trial.

Uber is also facing more than 500 additional cases raising similar allegations in California state courts. In September, the company won the only state court trial held so far, when a jury found that although Uber had failed to implement adequate safety measures, its negligence was not a substantial factor in causing the plaintiff’s harm.

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