Uber Sexual Assault Payout of $5K Awarded by Jury in Second Bellwether Trial

After only three hours of deliberation, the jury found Uber liable for a driver’s sexual assault of a passenger, marking the second verdict in a series of six early test trials.

Uber has lost its second federal bellwether trial after a North Carolina jury ordered the rideshare service to pay a woman $5,000 for being allegedly sexually assaulted by a driver.

The verdict was handed down on Monday, marking another case in which a jury found Uber at least partially responsible for the actions of its drivers. The lawsuit was filed by Brianna Mensing, who is one of more than 3,300 former passengers pursuing Uber driver sexual assault lawsuits against the rideshare company.

Uber Sexual Assault Lawsuits

Mensing’s case is one of a mounting number of Uber sexual assault claims filed by former passengers, nearly all of them women, who allege the rideshare company failed to take reasonable steps to protect rider safety. The lawsuits claim Uber did not implement adequate safeguards, including stronger background checks, in-vehicle surveillance cameras, sexual harassment training for drivers, or options that would allow passengers to request a driver of the same gender.

As the number of cases continued to grow, the federal litigation was consolidated in October 2023 in the Northern District of California before U.S. District Judge Charles Breyer. Although the coordinated proceedings are based there, Breyer conducted this latest trial in federal court in North Carolina, where Mensing is from.

For some time now, the parties have been preparing a series of six representative cases to serve as bellwether trials. These test cases are designed to give plaintiffs, defendants and the court a chance to see how juries respond to evidence and testimony likely to be presented throughout the litigation. They also help reveal legal issues that need to be ruled on before future cases can be resolved.

In February, the first Uber sexual assault lawsuit to go to trial, brought by Jaylynn Dean, ended with an $8.5 million verdict. The jury found the company responsible for the actions of the driver, who Dean testified raped her in November 2023, determining that he was serving as an agent of the company under common carrier laws.

Uber has repeatedly tried to avoid the common carrier label by arguing that it is just an intermediate app linking passengers with independent drivers. However, during the first trial, and in this one, Judge Breyer shot down those arguments.

Second Uber Bellwether Trial Verdict

The trial over Mensing’s claims began just last week and lasted only four days, with the jury deliberating a mere three hours before determining Uber should be ordered to pay her $5,000. In her lawsuit, Mensing indicates she was groped by the driver in 2019.

While not saying it would appeal the verdict, Uber officials have stated they believe the company has strong grounds to appeal whether it should be held liable for the incident. The driver has claimed the incident, where he allegedly groped Mensing’s leg, was a misunderstanding. Uber attorneys tried to characterize her testimony as untrustworthy because she had once struggled with substance abuse, claiming the lawsuit was only for the money.

Mensing never stated a dollar amount for damages, and testified during trial that she wanted an apology from Uber more than she wanted money.

A similar trial is currently underway in California state court.

While the outcome of these trials are not binding on other claims, they are being closely watched to see how juries rule and what kinds of payouts they are awarding to plaintiffs. These outcomes could have a significant impact on ongoing settlement negotiations, and some cases have already reportedly been settled.

Following the bellwether trials, if the parties have not settled or otherwise resolved the majority of the litigation, Judge Breyer will likely begin remanding claims back to their original federal courts for individual trials.

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