Arbitrator orders Uber to pay $40 million to parents of passenger killed on California freeway

The incident on State Route 73

On 12 August 2023, Emily Normandin-Parker, a 23-year-old graduate of the University of California, Los Angeles, and her friend Luna Moore called an Uber to return home after an evening out in Orange County. During the trip, Moore became ill and vomited inside the vehicle. The driver, Vu Tran, pulled over on State Route 73 and stopped at a gore point, the triangular paved section between the freeway lanes and an exit ramp. While stopped in what the arbitration findings described as an unsafe and illegal location, Tran argued with Moore over a vehicle cleaning fee and ordered both intoxicated women to exit. Normandin-Parker wandered into traffic while impaired, and a vehicle traveling at 70 miles per hour struck and killed her.

Arbitration findings and driver conduct

The parents of Normandin-Parker, Carol Normandin and Ken Parker, pursued a wrongful death claim alongside Moore, leading to a five-day arbitration hearing in Los Angeles before retired judge Richard A. Stone. Legal filings submitted by the law firm Panish, Shea, Ravipudi showed that Tran did not contact emergency services to assist the women after leaving them on the highway. Instead, the driver pulled aside to contact Uber customer support and request an immediate cleaning fee deduction from the passenger account. Stone concluded that Tran exhibited far more concern for his new vehicle than for his passengers, observing that the driver possessed the option to take a freeway exit and drop the women off in a safe location.

Her parents emphasized that their daughter had followed all recommended safety guidance by avoiding driving after consuming alcohol.

“Emily did everything Uber tells riders to do - she made the responsible choice not to drive and we trusted Uber to get her home safely. That trust cost our daughter her life.”

Legal liability and common carrier status

Throughout the arbitration proceedings, Uber maintained that it was not legally responsible for Tran's conduct, asserting that drivers operate as independent contractors under California Proposition 22. The company argued that its platform merely provides software connecting riders to third-party drivers. Arbitrator Stone rejected this argument, ruling that Uber functions as a common carrier with an overarching, non-delegable duty to protect passengers from harm. Stone noted that Uber sets rider fares, directly derives revenue from trips, and exercises control over essential elements of the passenger experience, making the corporation vicariously liable for Tran's negligence.

Proposed settlement offer10

Arbitration award40

Proposed settlement offer

10 USD (millions)

Arbitration award

40 USD (millions)

Data from the article text

Compensation award and corporate response

Stone issued a $40 million award to Normandin-Parker's parents. Panish, Shea, Ravipudi disclosed that Uber had earlier proposed a $10 million settlement that required the parents to sign a non-disclosure agreement, an offer the family declined. In response to the decision, Uber expressed disagreement with the arbitrator's legal finding of vicarious liability. The company stated that it continues to update safety protocols through new technologies, expert guidance, and explicit instructions directing drivers to avoid dropping passengers in hazardous locations.