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

With signs in hand, Stella Yeh’s family stood outside the San Diego Hall of Justice, hoping to get justice for her death. But they say taking Uber to court is a classic case of David and Goliath.

“I’m just a mom and Uber is a big monster,” said Yeh’s mother, Josefina McGarry. “They have a lot of money to fight and do whatever they want.”

It was Mother’s Day 2018 when Yeh’s family learned she had been killed. While she was traveling on the 805 Freeway, she was hit by two cars.

“I died the day I saw her on that table. I died and every day I wake up is terrible. I’m crying,” her mother said.

According to the lawsuit filed against Uber and two of its drivers, the University of San Diego sophomore had been partying with friends when they called her an Uber to get home.

On the way, the complaint says, she 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.

“Call the police. Call the police if someone in your car is drunk, acting up or doing whatever. They just leave people behind. It’s inhumane,” said Yeh’s sister McKenna McGarry.

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

“Their entire premise for their company is that they provide a safe ride. Apparently they are not a safe ride. She was left somewhere and ended up dead on the highway. In my opinion they should be responsible for what happens,” McKenna said.

Uber has filed a motion that could potentially result in the case being dismissed. The jury could not speculate on what happened in the 26 minutes between Yeh being dropped off near Gilman Drive and her death, more than 4 miles away on the 805 near 52nd.

The company also argued it should not be held liable for Yeh’s death because the drivers were independent contractors and not employees of the company.

However, in an earlier hearing, a judge ruled that Uber was a “common carrier,” meaning it had a duty to Yeh and other passengers to drop them off at a safe location, as is the case with taxis.

Yeh’s big brother, Harrison McGarry, is still reeling from her loss.

“You are the protector. You should be there. “One of the hardest things I have to deal with every day is that I wasn’t there to do it that night,” Harrison said.

Yeh’s family members vow to continue the fight for her little sister, who studied neuroscience. Without the tragic accident, she probably would have studied medicine.

NBC 7 reached out to Uber for comment, but a spokesperson said the company could not comment on pending litigation.