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A Redwood City woman has filed a lawsuit against Uber Technologies, Inc., alleging she was sexually assaulted by her Uber driver, minutes away from her Redwood City home.
The March complaint landed on the desk of San Mateo County’s Superior Court just weeks after Uber was found liable for driver sexual assault for the first time ever in a bellwether case that could suggest the fate for over 3,000 other lawsuits like this one.
The alleged assault took place in the fall of 2018, after the plaintiff, who was only referred to as Jane Doe, attended her best friend’s wedding ceremony at City Hall in Redwood City and celebrated at a restaurant in San Mateo for dinner.
Doe, who was unable to safely operate a car and has long relied on rideshare services, started experiencing a severe migraine while at the restaurant, which prompted her to call an Uber back to her home in Redwood City, about a 20-minute drive away, the complaint stated. She sat in the front passenger seat, as she usually did, because she was uncomfortable in the rear seat.
During the ride, the driver commented that the plaintiff was “pretty.” She did not reciprocate the comment and believed the ride would proceed without incident, her complaint stated.
Instead of going to the plaintiff’s home, the driver diverted from the route and turned onto a smaller, covered side street and brought the vehicle to a stop, according to the complaint. He opened Doe’s door and forcibly restrained her, placing his forearm against her neck, pinning her against the seat while she remained partially restrained by her seatbelt, unable to escape.
The driver said, “I’m going to kiss you now,” undressed himself, reclined the passenger seat, and forcibly removed Doe’s undergarments, the complaint alleged. She experienced a trauma-induced freeze response.
The driver then proceeded to rape her without a condom, according to the complaint. Afterward, the driver returned to his seat and brought the plaintiff to her residence.
Upon arrival, Doe exited the vehicle and immediately told her brother and mother what had happened, discovering that her wallet had been taken during the incident, according to the complaint. Within days, Doe sought medical care, including testing for sexually transmitted infections and HIV.
Doe attempted to report the incident to Uber by email within about one week but did not receive a meaningful or substantive response, the complaint stated. She did not immediately report the assault to law enforcement due to fear of victim-blaming, not being believed and the risk of further psychological harm.
Uber told this news organization that it does not comment on pending litigation, but said it is “deeply committed to the safety of all users on the Uber platform.”
“Sexual assault is a horrific crime, and we remain focused on investing in technology, policies, and partnerships that strengthen safety, help prevent harm, and support survivors,” the ride-sharing company said in a statement.
According to the complaint, the assault significantly exacerbated Doe’s preexisting mental health conditions, including PTSD, depression, anxiety and insomnia, and multiple involuntary holds in mental health facilities. It profoundly impacted her ability to trust others, engage in personal relationships and feel safe in everyday environments.
As of Monday, April 20, Uber has lost the first two lawsuits made against the ride-share company for sexual assault by a driver, in its first trials of more than 3,000 related to sexual assault and sexual misconduct.
In the first Uber assault case to go to trial, which involved an Oklahoma resident’s claim that an Uber driver in Arizona harassed and then raped her during a ride in 2023, a jury in February found that the driver was indeed an agent of Uber and held the company responsible for its actions.
The woman won $8.5 million in compensatory damages, but declined to award punitive damages. Uber asked the district judge who presided over the trial to throw out the verdict and order a new one.
On Monday, a federal jury in North Carolina found Uber liable for a sexual assault by a driver in 2019, awarding the victim a far smaller sum of $5,000 for the damages. Thousands of similar lawsuits await a verdict.
In light of these recent wins for the victims of sexual assault by Uber drivers, Charles Ray, the attorney representing the Redwood City case, said that while those cases are “interrelated,” his team looks forward to litigating their case with “our specific, unique facts that have occurred.”
“Every day the law changes,” Ray noted. “In some ways, that’s a good thing, in some ways, that can be troublesome, and we need to make sure that we keep it on the right track.”
Yet, the attorney said Uber has a great responsibility to ensure the safety of its passengers.
“We understand that our client’s claims are from back in 2018… [and] that certain reforms may have been put in place since 2018 when this incident occurred,” Ray said. “That doesn’t change our client’s position on liability extending.”
