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In 2018, University of San Diego (USD) sophomore Stella Yeh was hit and killed by two cars while walking on the 805 Freeway after an Uber driver ordered her out of his car. Following a party with friends, where Yeh became intoxicated, one of her friends ordered her an Uber back to her campus dorm.
However, after throwing up in the car, Uber Driver Louvensky Geffrard reportedly exited the 5 Freeway at Gilman Drive and ordered Yeh out of his vehicle. Yeh then ordered a second Uber, driven by Mark Rycz.
Upon arriving, Rycz allegedly abandoned Yeh after seeing her stumbling onto the 5 Freeway. She was observed by eyewitnesses half an hour later walking onto the 805, where she was struck and killed. It was the night before Mother’s Day.
Yeh’s family filed suit against Uber and the two drivers and have continued to fight for justice for their loved one. However, a judge recently partially dismissed the case because a jury reportedly cannot speculate about what happened in the 26 minutes between the time Yeh was dropped off on Gilman Drive and later killed, more than four miles away on the 805.
Another hearing is set for Rycz but, the attorney says the case will likely be dismissed as well, according to NBC 7.
Like Yeh’s family, I too believe that the drivers and Uber should be held accountable.
There are many angles one could approach this horrific story from when determining blame.
First, while there isn’t a predetermined measurement for a human life, any individual is worth more than a dirty car. The two are incomparable.
Second, ordering an intoxicated woman out of your car, regardless of whether the passenger was a stranger, friend, loved one, etc., is inhumane.
I can understand the annoyance of having to clean vomit from one’s vehicle. But, those feelings should not override one’s sense of empathy to the point of kicking the passenger out of the car. Especially a young woman.
If the mess is so drastic or, in an extreme case, if the passenger is getting violent, call the police. You don’t abandon an obviously intoxicated and unwell individual at any time of the day, but especially at night.
Third, amongst many female bodied individuals, there are numerous unwritten and written safety rules. A major one is that you don’t leave your intoxicated friends alone. You stay as a group throughout the duration of the social event, when going to the bathroom and especially, when going home.
During the hearing, the rideshare company also argued that it should not be held liable for Yeh’s death because the drivers are independent contractors, rather than company employees.
However, during a previous hearing, a judge ruled that Uber is a “common carrier.”
According to the Legal Information Institute, “A common carrier is a person or a commercial enterprise that transports passengers or goods for a fee and establishes that their service is open to the general public.”
The California (CA) common carrier law (Ca. Civil Code § 2100) says that a carrier of persons for reward must use the “utmost care and diligence for safe carriage. They must provide everything necessary for safe carriage and exercise reasonable skill.”
With más que 9.4 billion trips carried out in 2023 according to data gathering platform Statista, Uber has a duty to every person that utilizes their services.
The company and the drivers had a duty to Stella Yeh.
They should be held accountable.
Editor’s note: Jessica Mills is a freelance writer for San Diego Community Newspaper Group.
Crédito de la foto: Pixabay.com