Jury selection began April 13 in Charlotte in a bellwether trial against Uber Technologies Inc., part of multidistrict litigation (MDL) over claims that a driver sexually assaulted a passenger by briefly placing his hand on her thigh.
The case involves a plaintiff only identified as “WHB 823,” who alleges an Uber driver in Raleigh touched her upper thigh and made a sexual comment during a 2019 ride.
The driver denies the allegation.
The trial, overseen by U.S. District Judge Charles Breyer, is expected to last no more than nine days and is being closely watched as part of a broader MDL involving claims of inadequate driver screening and passenger safety failures.
Uber has asked the court to bar arguments that a driver’s later deactivation proves an assault occurred, saying internal records show it was carried out under a standard safety policy rather than as a factual finding, according to reporting by Law360.
The company argues the plaintiff’s interpretation relies on “speculative inferences” that could mislead jurors.
Uber argues it cannot be held liable for driver behavior due to their independent contractor status, noting the company operates as a technology platform rather than a transportation provider with a legal duty of care.
The outcomes in the early bellwether cases are expected to help shape potential settlements in the broader litigation.
In the current case, the plaintiff’s claims have been narrowed ahead of trial. She withdrew her only expert witness on psychological harm and dropped punitive damages and several negligence-based claims, leaving the jury to consider a more limited question of Uber’s potential vicarious liability under a “common carrier” theory and any resulting compensatory damages.
Uber is also asking the court to remove plaintiffs’ attorney David Grimes, of San Francisco-based Levin Simes LLP, alleging a pattern of misconduct that includes abusive language, personal insults and sexually charged remarks toward opposing counsel during litigation conferences. Levin Simes has acknowledged the allegations and has proposed limiting Grimes participation, but Uber is seeking a full ban from the case, with a hearing on the motion scheduled for May 8.
Uber continues to deny liability in the cases. On its website the company notes it has implemented safety measures including background checks, driver rescreening, in-app emergency tools and trip monitoring technology.
The company has reported strong financial performance, with over $52 billion in revenue in 2025, up from nearly $44 billion in 2024.
The litigation comes as similar claims have been consolidated against rideshare rival Lyft in a separate multidistrict proceeding.
