San Diego

Part of suit filed by family of USD student killed on freeway against Uber dismissed

Stella Yeh was killed in 2018 when two cars hit her while she was walking on the 805 Freeway after an Uber driver ordered her out of his car

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

"I am not done," Stella Yeh's mother Josefina McGarry said. "I will never stop fighting for my daughter. She's supposed to be here with me now, but I will never see her again in this lifetime."

The night before Mother's Day in 2018, Yeh was hit by two cars while she was walking on the 805 Freeway. According to the suit filed against Uber and two of its drivers, Yeh had been out partying with friends when they called her an Uber to get back home.

On the way, the complaint says the University of San Diego sophomore threw up in the car, and the driver exited the 5 Freeway and ordered her out onto Gilman Drive. The suit says she was left intoxicated in a "dangerous intersection,” just one turn away from a Park and Ride.

The complaint says the second Uber Yeh ordered "abandoned her" after seeing her stumbling onto the 5 Freeway onramp.

"What the law says in California for Ubers and taxis, it's called 'common carrier.' They have the utmost duty to take care of their passengers until they get to a safe place, and Stella never got to that safe place," attorney Greg de la Peña said.

The judge ruled the case cannot go to trial because a jury cannot speculate about what happened in the 26 minutes between the time she was dropped off and the time she was killed, more than 4 miles away on the 805 near the 52.

Yeh's family said they are considering an appeal.

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

NBC 7's Omari Fleming spoke with the mother of the USD student who was killed and explains why the case against the rideshare company could be dismissed.
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