Why an Arbitrator Held Uber Liable in Emily Normandin-Parker’s Death

Emily Normandin-Parker chose not to drive after a night out in August 2023. She requested an Uber to get herself and a friend home. The ride ended at a gore point on State Route 73 in Orange County, California, where she was struck by a passing vehicle and killed. She was 23.

An arbitrator has now ordered Uber and the driver to pay her parents, Carol Normandin and Ken Parker, $40 million. The award, issued in July by retired judge Richard Stone and made public by the family’s attorneys this month, found the driver negligent and held Uber vicariously liable for his conduct. Uber has said it disagrees with the decision.

Parker has been clear that the money is not what the family wanted. “I never wanted it. No parent would ever want it,” he told the Associated Press. What he values, he said, is the attention the award brings to rideshare safety.

Who Emily Was

Emily graduated from UCLA in 2022. Her family describes her as a writer who was working toward becoming a playwright, a musician, an older sister and an advocate for others. They remember her for her creativity, her sense of humor and her kindness.

Her parents, who live in Seattle, have spoken publicly about her death and the case since the award was released.

What Happened on State Route 73

On August 12, 2023, Uber driver Vu Tran picked up Emily and her friend, Luna Moore, from a bar. The two had been out drinking and requested the ride to get home. During the trip, Moore became sick in the car.

Rather than exit the freeway or find a safe place to stop, Tran pulled into a gore point: the striped triangle of pavement where an exit ramp separates from the main lanes. According to the arbitrator, Tran ordered both women out of the car and began arguing with Moore beside it. Neither of them saw the vehicle that struck Emily.

The arbitrator acknowledged gaps in the record. He wrote that no one gave fully credible testimony about those final moments, which made it difficult to reconstruct exactly how they unfolded. The evidence was clearer about where Tran stopped and what he did afterward. After leaving, he pulled over at the next exit and called Uber about getting a cleaning fee, according to GPS data cited in the award.

Why a Gore Point Is Not a Place to Stop

A gore point is not a shoulder or a pullout. It is the wedge of pavement between lanes that are splitting apart, usually at freeway speed, as drivers commit to either the ramp or the main lanes. There is little room to stand, and traffic moves on both sides of it.

Judge Stone described Tran’s decision to stop there as illegal and needless. He found that Tran had safe alternatives available and instead left two young women he knew were intoxicated beside an active freeway at night. He also wrote that Tran appeared more concerned about his new car than about his passengers.

Why Uber Was Held Liable for the Driver’s Conduct

Much of the legal dispute turned on whether Uber could be held responsible for a driver it classifies as an independent contractor. Uber argued that it operates a technology platform connecting riders with independent third-party drivers. Stone rejected that argument.

He found that Uber functions as a common carrier, meaning a business that transports members of the public, and that it owes its passengers a duty of care it cannot hand off to someone else. He pointed to the control Uber exercises over the rider experience, including setting fares and profiting directly from each ride.

Stone also rejected Uber’s argument that Proposition 22, the 2020 California ballot measure that classifies app-based drivers as independent contractors, shields the company from liability for its drivers’ negligence. “Prop. 22 does not immunize Uber from vicarious liability,” he wrote. In an earlier ruling, he noted that the materials voters received about the measure said nothing about the liability of app-based transportation companies.

He also found that Proposition 51, a California law that can limit a defendant’s share of certain damages to its percentage of fault, did not reduce Uber’s responsibility here. Uber was held fully responsible for the driver’s actions.

The family’s attorneys said evidence presented at the arbitration showed Uber had received earlier complaints about Tran’s driving and had not reviewed them. Uber has said Tran held a valid license, passed its background check and completed thousands of trips without an unsafe drop-off, a freeway stop or a rider injury. He no longer drives for Uber.

The Award

Stone awarded $20 million to each parent, for a total of $40 million, and found Uber and Tran jointly responsible for paying it. He separately awarded $300,000 to Moore.

The decision closed with a direct message to the company. Stone urged Uber to learn from what happened and revise its safety policies, and warned that continuing without those changes would carry substantial risk.

Uber’s Response

Uber has said it respects the arbitration process but believes the arbitrator was wrong to hold it legally responsible, pointing to Proposition 22. The company said it continues to invest in safety technology and policies, including guidance that helps drivers avoid unsafe drop-off locations, and that its thoughts remain with the family.

Emily’s parents see it differently. Parker has said Uber has never apologized or acknowledged responsibility for her death.

Why the Case Was Decided in Arbitration

Emily’s parents and Moore first sued Uber and Tran in Orange County Superior Court in September 2023. The case moved to private arbitration because Uber’s terms of service, which riders accept when they create an account, require disputes to be resolved that way. The hearing lasted five days.

Arbitration is private by default, and an arbitrator’s decision does not set legal precedent the way a court ruling can. The findings in this award apply to this case.

After the award was issued, Uber asked the Orange County Superior Court to keep the proceedings and the award confidential, according to the family’s attorneys. Emily’s parents have said Uber also proposed an agreement with a non-disparagement clause backed by a $10 million penalty. They declined it, and the award is now public.

What Her Parents Are Doing Now

After Emily’s death, her parents created the Emily Normandin-Parker Foundation to honor her memory and advocate for stronger rideshare safety standards and corporate accountability. They plan to use the award to fund that work, along with scholarship and mentorship opportunities and support for LGBTQ+ organizations.

“Emily did everything Uber tells riders to do,” her parents said in a statement released through their attorneys. They have been plain that nothing will bring her back. They have said they intend to use the attention the case has drawn to push for stronger safety standards and more transparency across the ride-hailing industry.

This article is for general informational purposes and is not legal advice. The hero diagram is illustrative and does not depict the exact location on State Route 73.