Uber must pay $8.5 million to woman who says driver raped her in Arizona, federal jury orders

Uber was found liable for sexual assault for the first time by a federal jury in Phoenix.

The jury ordered Uber to pay Jaylynn Dean — who says one of Uber's drivers raped her during a 2023 trip — $8.5 million in damages after the jury determine Uber had the authority to prevent the assault, but failed to act.

KJZZ does not usually name victims of rape, but Dean chose to proceed publicly under her own identity.

“I want to make sure this never happens to other women,” Dean said. “I came forward for every woman who, like me, thought she was making the safe and smart choice, only to learn there are real risks of being assaulted.”

According to testimony during the trial, Dean was intoxicated when she was picked up by the driver just after midnight on Nov. 15, 2023. The driver pulled the vehicle over in a dark parking lot in Tempe, entered the back seat and raped Dean.

Dean immediately reported the assault to a hotel employee, the police and Uber after the trip.

Tempe police said they investigated the alleged sexual assault. The driver faced no criminal charges.

The jury applied a legal principle — apparent agency — that allows companies to be found liable for the negligence of their contractors.

Apparent agency is applied when the affected party had reasonable belief that the contractor acted with the implied authority of the company and relied on that belief when seeking the company’s services.

Generally, an employer is not liable for the negligence of its contractors. Uber has repeatedly eluded liability by categorizing its drivers as contractors, not employees.

The lawsuit alleged Uber failed to take actions to protect passengers, and failed to notify Dean her ride was flagged as high risk.

Evidence presented at trial showed Uber’s internal Safety Risk Assessed Dispatch algorithm indicated Dean’s ride had an elevated risk of a serious safety incident.

Dean’s attorney Sarah London said Uber's representations as a safe method of transportation placed Dean in harm's way.

The jury found Uber liable for one of the three counts, and awarded the plaintiff $8.5 million, short of the $144 million her lawyers had requested in damages.

“I want every woman in America to understand that Uber will not protect them, but I am committed to doing everything in my power to make sure they are warned and protected,” Dean said.