PHOENIX — The family of a Maricopa County Superior Court judge fatally hit by a car last year has filed a lawsuit against Grubhub, claiming the driver was completing an order for the company at the time of the deadly crash.
Judge Rosa Mroz, who presided over cases in the court's criminal division, sustained severe injuries on the morning of Feb. 2, 2022 after she was hit by a vehicle while walking along a marked crosswalk near 56th Street and Camelback Road. Mroz succumbed to her injuries a couple of days later.
At the time of the incident, police said the driver allegedly ran a red light before hitting Mroz.
Now the judge's family is taking legal action against the driver and the company that the driver was reportedly working for.
According to a lawsuit recently filed in court, the driver was allegedly looking at his phone and trying to complete a Grubhub order when he hit Mroz.
“Unfortunately, distracted driving happens every day and many think they won’t be the one to crash,” said attorney David Shapiro, whose law firm is representing Mroz's family. “It only takes seconds of looking away from the road to greatly alter the future of a life and the lives of their loved ones."
Grubhub is faulted by the plaintiffs for creating a business model that requires drivers to utilize their cell phones to complete orders, thus potentially creating dangerous scenarios on the roads, the lawsuit states.
The company says its delivery drivers agree to comply with all driving laws and regulations while working for Grubhub.
The wrongful death complaint filed by Mroz's family details the judge's journey of being born in Taiwan, immigrating to the U.S. as a young child, and eventually graduating from the ASU Sandra Day O'Connor College of Law.
"In 2004, Rosa Mroz etched her name in history by becoming the first Asian American woman appointed as a judge in a court of general jurisdiction in Arizona," the lawsuit states.
A Grubhub spokesperson sent 12News the following statement in response to the recent lawsuit:
"Our deepest condolences go out to the friends and family of Hon. Rose Mroz during this incredibly tragic situation. We can confirm that immediate action was taken, and the driver’s account was suspended from our platform upon notification of the accident.”
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