With signs in hand, Stella Yeh’s family stood outside San Diego’s Hall of Justice, hoping to get justice for her death. But they say taking Uber to court has been a classic case of David and Goliath.
"I’m just a mom, and Uber is a big monster,” Yeh's mother, Josefina McGarry, said. “They have a lot of money to fight and do whatever they want."
It was Mother's Day of 2018 when Yeh's family found out she was killed. Two cars hit her while she was walking on the 805 freeway.
“I died the day I saw her on that table. I died, and every day is horrific when I wake up. I cry," her mother said.
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According to the suit filed against Uber and two of their drivers, the University of San Diego sophomore had been out partying with friends when they called her an Uber to get back home.
On the way, the complaint says she 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.
“Call the police. If someone is intoxicated in your car, acting or doing whatever, call the police. They just leave people. It's inhumane,” Yeh's sister, McKenna McGarry, said.
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The complaint says the second Uber Yeh ordered "abandoned her" after seeing her stumbling onto the 5 Freeway onramp.
“Their whole premise of their company is they’re a safe ride. Apparently, they’re not a safe ride. She was left somewhere and ended up dead on the freeway, so, to me, they should be responsible for what happens," McKenna said.
Uber has filed a motion that could potentially lead to the case being dismissed, saying a jury can't speculate about what happened in the 26 minutes between the time Yeh was dropped off near Gilman Drive and the time she was killed, more than 4 miles away on the 805 near the 52.
The company also argued it shouldn't be held liable for Yeh's death because the drivers are independent contractors, not company employees.
In a previous hearing, however, a judge ruled that Uber is a "common carrier,” meaning it does have a duty to Yeh and other passengers to drop them off in a safe space, like taxis do.
Yeh's big brother Harrison McGarry is still hurting from her loss.
“You’re the protector. You're supposed to be there. One of the hardest things that I have to deal with every day is that I wasn't there that night to do it,” Harrison said.
Yeh's family members are vowing to keep up the fight for their little sister, who was a neuroscience major. She would’ve likely been in medical school, if not for the tragic crash.
NBC 7 reached out to Uber for comment, but a spokesperson said the company cannot comment on pending litigation.
