Uber was ordered to pay $40 million to the parents of a 23-year-old woman who died after a driver kicked her and a friend out of their car on the side of a California freeway, according to recently made public arbitration documents. Uber after a night of partying in Orange County. The driver stopped on Highway 73 after Normandin-Parker vomited in the car, attorneys said. While Moore and the driver argued over a cleaning fee, Normandin-Parker got out of the car, walked into oncoming traffic and was hit by a car. Normandin-Parker’s parents accused the driver and Uber of negligence. The company argued that it was simply “a technology company that provides a software platform that connects passengers with independent third-party drivers who perform transportation.” In California, under Proposition 22, Uber and Lyft drivers were categorized as independent contractors – not employees of the companies – a designation the company has used to argue that it is not responsible for the actions of its drivers. However, the arbitrator rejected Uber’s argument that it should be treated as a platform that simply connects drivers and passengers. In arbitration documents released by the family’s attorney on Thursday, Stone wrote that Uber should be treated as a common carrier – which is any entity or individual that transports people or goods – and therefore should be held “vicariously liable” for the incident. Vicarious liability is when a party is held responsible for the negligence or actions of another party with whom it has a relationship. “The fact that Uber uses a digital interface instead of street calls does not change the fundamental nature of the service being offered,” the arbitration documents read. Stone further stated that Proposition 22 “does not exempt Uber from vicarious liability for the grievances of its drivers.” Uber said that while the company respects the arbitration process, the arbitrator “was wrong to hold Uber legally responsible for the tragic events of that night.” “No family should have to suffer the loss of a child, and our thoughts remain with the Normandin-Parker family,” said Uber spokesperson Gabriela Condarco-Quesada. “We have continued to strengthen our approach to safety over the years, through new technologies, policies and safeguards informed by safety experts, including additional guidance for drivers on how to avoid leaving vehicles in unsafe locations.” The family further claimed that Uber at one point proposed a settlement that included a confidentiality agreement. As part of that settlement, the family said they would have been fined $10 million each time they spoke about the accident and Uber’s connection to it. The family said they rejected the settlement and Uber said it “ultimately did not seek confidentiality in this case.” The ruling that holds Uber responsible for the negligence or actions of its drivers is not binding and applies only to this case. However, the case is part of the company’s battle to be treated simply as an online marketplace for rides and, in doing so, distance itself from the actions of its drivers by treating them as contractors rather than employees.
