Family of USD student killed on highway part of lawsuit against Uber dismissed – NBC 7 San Diego

A judge on Friday partially dismissed the case involving a family’s fight for justice against Uber. The family says the transportation company is responsible for the death of their loved one, who was struck and killed by two cars after being dropped off by an Uber driver.

“I’m not done yet,” said Stella Yeh’s mother, Josefina McGarry. “I will never stop fighting for my daughter. She should be with me now, but I will never see her again in this life.”

The night before Mother’s Day 2018, Yeh was hit by two cars while walking on the 805 Freeway. According to the lawsuit filed against Uber and two of its drivers, Yeh had been at a party with friends when they called her an Uber to get home.

On the way, the complaint says, the University of San Diego sophomore vomited in the car and the driver exited the 5 Freeway and ordered her to get onto Gilman Drive. The lawsuit says she was left drunk at a “dangerous intersection,” just one turn away from a park and ride.

The complaint says the second Uber Yeh “abandoned her” after he saw her stumble onto the ramp to the 5 Freeway.

“What the law in California requires for Ubers and taxis is called a ‘common carrier.’ They have the highest duty to care for their passengers until they reach a safe place, and Stella never got to that safe place,” said attorney Greg de la Peña.

The judge ruled the case cannot be tried because a jury cannot speculate on what happened in the 26 minutes between the drop-off and the death, more than 4 miles away on the 805 near the 52.

Yeh’s family said they are considering an appeal.

Another hearing is scheduled for next week for the other Uber driver who never picked up Yeh. The attorney says the case will likely be dismissed as well.

NBC 7’s Omari Fleming spoke with the mother of the slain USD student and explains why the case against the ride-sharing company was dismissed.