Uber Ordered to Pay $40 Million to Parents of Woman Killed After Being Left by Driver on Freeway

The parents of a young woman who was killed three years ago on an Orange County freeway are being awarded a $40 million settlement from Uber, in a case that tested the limits of Prop 22, which classified rideshare drivers as independent contractors.

An arbitrator, retired Judge Richard Stone, ruled that Prop 22 does not shield Uber from liability for the actions of its drivers, and that the company is, in this case, liable for the death of 23-year-old Emily Normandin-Parker.

"Prop 22 does not immunize Uber from vicarious liability," Stone ruled, as CalMatters reports. In an earlier ruling in the case, per CalMatters, Stone pointed to the fact that there was "no reference in key voter materials to the liability of app-based transportation companies" when voters were being urged to vote Yes on Prop 22. Those materials only said that drivers would serve as independent contractors and could manage their own schedules, but would not be given salary or benefits.

Normandin-Parker and her friend Luna Moore were picked up by driver Vu Tran on August 12, 2023 in Newport Beach after being out at a bar. According to the arbitration, both were very intoxicated, and Moore began vomiting in Tran's car as they drove, prompting him to pull over.

Tran decided to pull over at a freeway gore point — the triangular area by an off-ramp — where State Route 73 meets MacArthur Boulevard in Newport Beach, and began arguing with Moore about the cleaning fee for his car, and allegedly demanding that the women get out of the car.

Judge Stone said it was difficult to establish exactly what transpired in those minutes because neither Tran nor Moore gave testimony that was credible. At some point, Normandin-Parker got out of the car and wandered into traffic and was killed by a passing vehicle.

As People Magazine reports, via the arbitration, GPS data showed that Tran's car passed extremely close to where Normandin-Parker's body was found — it's not clear if this was before or after she was killed — as he drove away from the scene. He then pulled off at the next exit on Route 73 and called Uber to demand that he receive the cleaning fee for his car.

"Tran showed far more worry for his new car than he did for his passengers," Stone wrote in the arbitration.

The arbitration also found that Uber had received multiple reports about Tran's "reckless behavior" from other passengers.

Uber said in a statement, "No family should have to suffer the loss of a child, and our thoughts continue to be with the Normandin-Parker family. While we respect the arbitration process, we believe the arbitrator was wrong in holding Uber legally responsible for the tragic events of that night."

"Their thoughts have never been with us," said father Ken Parker, speaking to CalMatters, adding that representatives for Uber have acted "at best aloof and at worst distastefully crass" throughout the arbitration process.

The company argued in an earlier filing in the case that Normandin-Parker's death "was the result of Moore and Normandin-Parker’s extreme intoxication, which was existent because of Moore’s and Normandin-Parker’s intentional conduct — not Tran’s driving."

"He chose to pull over there and demand money and kick them out of the car," said mother Carol Normandin in an interview Thursday with Good Morning America.

In his ruling, Stone wrote that he hopes Uber "will learn from this tragic incident… and change the pertinent policies and procedures accordingly. Should it fail to do so, it no doubt engages in that approach at its own substantial risk."

Stone awarded $20 million apiece to Parker and Normandin, and an additional $300,000 to Moore.

See the GMA piece below.