ORANGE COUNTY — Arbitrator Richard Stone ordered Uber to pay $40 million to the parents of Emily Normandin-Parker after finding the company vicariously liable for a driver’s negligence that led to her death on State Route 73 in Orange County. The arbitration document, dated in July, was released by Ms. Normandin and Mr. Parker's attorneys this week.

Emily Normandin-Parker died on August 12, 2023. She was 23 years old at the time of her death and a graduate of the University of California, Los Angeles. Normandin-Parker and Moore booked an Uber ride on August 12, 2023.

Evidence presented during arbitration showed Uber had received previous complaints about Tran's driving. Uber filed that Tran had a valid driver's license and passed its background check. The company also filed that Tran completed thousands of trips without any unsafe drop-offs, freeway stops, or rider injury. Uber filed that the incident "was the result of Moore and Normandin-Parker’s extreme intoxication, which was existent because of Moore and Normandin-Parker’s intentional conduct — not Tran’s driving."

Uber proposed a settlement that included a $10 million penalty for speaking about the incident. Carol Normandin and Ken Parker declined Uber's settlement offer. Ken Parker said they didn’t have much time to absorb the award before Uber almost immediately started contending that it could not be made public and then sent an agreement to them requiring non-disparagement, with a $10 million penalty for saying anything bad about Uber. He said Uber representatives acted "at best aloof and at worst distastefully crass" throughout the arbitration process.

Carol Normandin and Ken Parker said Emily did everything Uber tells riders to do — she made the responsible choice not to drive and they trusted Uber to get her home safely. They added that that trust cost their daughter her life. Carol Normandin said she believes Uber put profits over her daughter's safety. She said the driver chose to pull over there and demand money and kick them out of the car. He said the reason they're talking is because the driver didn't take responsibility and neither did Uber. He added that they're still not taking responsibility and that they do not want this to ever happen to another mother or another father. He said their thoughts have never been with the family. Regarding the award money, he said he wants to do good with it, but never wanted it, and no parent would ever want it. He said the best thing about it is that it is bringing attention to the issue that sorely needs attention.

Uber stated, "No family should have to suffer the loss of a child, and our thoughts continue to be with the Normandin-Parker family." A spokesperson said, "While we respect the arbitration process, we believe the arbitrator was wrong in holding Uber legally responsible for the tragic events of that night." The company stated, "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. Tran can no longer drive for Uber."

Stone rejected Uber's argument that Proposition 51 applies in this case. Stone wrote, Should it fail to do so, it no doubt engages in that approach at its own substantial risk." Uber, DoorDash, Lyft, and Instacart spent more than $200 million on the Proposition 22 ballot initiative. The company reported net income of more than $2 billion in the second quarter ending in June."

Carol Normandin and Ken Parker established the Emily Normandin-Parker Foundation. Proceeds from the arbitration award will fund the foundation.

Why It Matters

The ruling challenges the liability protections Uber sought through Proposition 22, a ballot initiative backed by more than $200 million in spending from the company and its peers. By classifying Uber as a common carrier, the arbitrator imposed a higher duty of care on the platform for passenger safety. The $40 million award reflects the severity of the negligence found in the driver's actions and the company's vicarious liability.

The case shows ongoing tensions between gig economy business models and regulatory frameworks designed to protect consumers. The parents' decision to reject a settlement with a non-disparagement clause reflects their intent to publicize the circumstances of their daughter's death. The funds will support the Emily Normandin-Parker Foundation, which aims to address the issues raised by the incident.

Timeline

On August 12, 2023, Emily Normandin-Parker and Luna Moore booked an Uber ride. During the ride, Luna Moore vomited in the Uber vehicle. Vu Tran argued with Luna Moore about a cleaning fee.

The driver pulled over on State Route 73 in Orange County. Tran ordered Emily Normandin-Parker and Luna Moore out of the vehicle. He did not call for help after leaving them on the highway. Tran called Uber to demand a cleaning fee after leaving the scene. Emily Normandin-Parker was struck and killed by another vehicle after exiting the Uber.

What's New

Additional reporting reveals that Arbitrator Richard Stone determined that Uber is vicariously liable for the negligence of its driver, Vu Tran, and ordered Uber to pay $40 million to the parents of Emily Normandin-Parker. Stone stated Vu Tran "needlessly placed" Emily Normandin-Parker and Luna Moore in danger. He said they didn’t have much time to absorb the award before Uber almost immediately started contending that it could not be made public and then sent an agreement to them requiring non-disparagement, with a $10 million penalty for saying anything bad about Uber. Stone described Vu Tran's testimony as "largely -- in fact, almost entirely -- incredible and unbelievable." Stone wrote that there is "no reference in key voter materials to the liability of app-based transportation companies" regarding Proposition 22.

The arbitrator stated Vu Tran could have taken the MacArthur Boulevard exit to drop the women off at a safe location. Stone also stated Vu Tran illegally stopped in the gore point.

How Sources Differ

Regarding the details of the arbitrator's findings, Richard Stone stated Vu Tran "needlessly placed" Emily Normandin-Parker and Luna Moore in danger. The Arbitration award issued by Richard Stone ordered Uber to pay $40 million to the parents of Emily Normandin-Parker. The award also awarded $20 million each to Carol Normandin and Ken Parker. Additionally, the Arbitration award issued by Richard Stone awarded $300,000 to Luna Moore.

On the legal reasoning regarding liability, Richard Stone wrote that there is "no reference in key voter materials to the liability of app-based transportation companies" regarding Proposition 22. The Arbitration award issued by Richard Stone rejected Uber's argument that Proposition 22 shields the company from liability. The award also rejected Uber's argument that Proposition 51 applies in this case.