Uber

LOS ANGELES — Uber has been ordered to pay $40 million to the parents of a 23-year-old Laguna Beach woman who was struck and killed on a freeway by a vehicle after a rideshare driver abandoned her and a friend along State Route 73. 

An arbitrator issued the opinion granting damages to the parents of Emily Normandin-Parker in July, but the decision was only made public last week by the attorneys for her parents, Carol Normandin and Ken Parker. 

Stone concluded that the actions of Uber and driver Vu Tran fell below the standard of care a prudent person should have shown in such circumstances. The Uber ride took place in August 2023 after Normandin-Parker and a friend went out drinking on a Friday night. They called for an Uber to safely get home, but Tran stopped his car on the freeway onramp after Normandin-Parkin’s friend vomited in the car and later quarreled with Tran about paying a cleanup fee.

“Tran showed far more worry for his new car than he did for his passengers,” Stone said. “In a fit of anger, he needlessly placed them (and himself) in danger by illegally stopping in the gore point when he could have easily used the MacArthur Boulevard exit/offramp and stopped in a safe place instead of alongside an active freeway at night.”

Normandin-Parker was fatally injured when she was struck by another vehicle on the freeway after wandering into traffic, according to Stone’s decision.

The judge also rejected Uber’s contention that the company simply operated a technology platform and was not liable for the circumstances that led to Normandin-Parker’s death. Uber functions as a “common carrier” and has a duty to ensure the protection of its passengers, Stone said.

He also rejected the argument that statewide Proposition 22 shielded the rideshare company from vicarious liability when its drivers engaged in negligence.

Stone said he hoped that Uber would rethink its passenger safety policies in light of the $20 million for past and future noneconomic damages that was awarded to each of the parents.

“Hopefully, (Uber) will learn from this tragic incident … and change the pertinent policies and procedures accordingly,” he said. “Should it fail to do so, it no doubt engages in that approach at its own substantial risk.”

The passenger in the car with Normandin-Parker – claimant Luna Moore – was awarded $300,000 in the litigation, including $100,000 related to her negligence claim and $200,000 on her claim of intentional infliction of emotional distress.

The evidence presented at the arbitration proceedings indicated that Uber previously received multiple complaints about Tran’s “reckless” behavior and driving abilities, according to the law firm that represented Normandin-Parker’s parents, Panish Shea Ravipudi LLP. But Uber points out that Tran had accumulated nearly 6,000 rideshare trips and had a 4.96 rating, with no indication of unsafe drop-offs.

“Emily trusted Uber’s promise of a safe ride home,” the parents’ attorney, Rahul Ravipudi, said in a prepared statement. “Uber’s promises are premised on representations of safety through training, supervision and alleged safety tools. There was no training, no supervision. …  Judge Stone’s decision makes clear that companies advertising safety cannot walk away from the responsibility that comes with those promises.”

Uber said in a statement emailed to the Southern California Record that it disagreed with Stone’s ruling.

“No family should have to suffer the loss of a child, and our thoughts continue to be with the Normandin-Parker family,” the statement says. “While we respect the arbitration process, we believe the arbitrator was wrong in holding Uber legally responsible for the tragic events of that night. We have continued to strengthen our approach to safety over the years, through new technology, policies and safeguards informed by safety experts, including additional guidance to drivers about avoiding drop-offs in unsafe locations.”

In addition, the circumstances in the Normandin-Parker case do not establish a legal precedent, according to the company, which no longer allows Tran access to the Uber app.

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