Family sues Grubhub over death of Maricopa County judge

The family of Rosa Mroz, a Maricopa County judge fatally injured while crossing a Phoenix street last year, is suing Grubhub, saying the driver who hit her was working for the company when she was struck.

The lawsuit alleges the driver was "manually operating his cell phone" when he failed to stop at a red light and hit Mroz.

Mroz, appointed by Gov. Janet Napolitano in 2004, was the first Asian American woman to serve as a Maricopa County Superior Court judge.

The complaint against Grubhub was filed in the Maricopa County Superior Court in November and requests damages exceeding $300,000.

The driver who struck Mroz was not paying "reasonable attention" to the road and was, therefore, directly responsible for Mroz's death, according to the suit.

The complaint accuses Grubhub of negligently hiring, training and supervising the driver who struck Mroz, "which contributed to his negligent and outrageous actions." The complaint states the driver had multiple DUI convictions and speeding violations.

The suit also claims Grubhub itself — a smartphone app used to coordinate food pickup and delivery — is inherently dangerous.

"Defendant Grubhub's product and business model requires" drivers to use distracting devices "such as cell phones" to complete deliveries, the complaint states. "As such, Defendant GrubHub's product encourages and ratifies distracted driving that endangers the motoring public, and is clearly defectively dangerous."

Patrick Burke, a spokesperson for Grubhub, said the company took "immediate action," suspending the driver's account from their platform upon notification of the accident.

"Our deepest condolences go out to the friends and family" of Mroz, Burke said.

He said the company conducts rigorous background checks on drivers, who are expected to comply with all local laws and regulations.

"Safety remains our top priority, and we are dedicated to continually reviewing and enhancing our practices to ensure the security and peace of mind for the consumers, restaurants and delivery partners who rely on Grubhub," Burke said.

Reach the reporter at jjenkins@arizonarepublic.com.

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