The family of a Maricopa County judge has filed a wrongful death law against popular delivery driving app GrubHub and one of its former drivers.

Maricopa County Superior Court Judge Rosa Mroz was traversing a Phoenix crosswalk while out on a morning walk on Feb. 2, 2022, when she was struck by a GrubHub driver. The lawsuit alleges that the driver was distracted by his phone when he plowed through a red light and hit her. Mroz was reported to have been following all traffic laws while crossing the street. She was taken to a nearby hospital in extremely critical condition and would later pass away from her injuries on February 5.

According to the lawsuit, the GrubHub driver was distracted when he ran through the red light. The lawsuit details that he was believed to have been looking down at his phone to try and complete a GrubHub order. The family’s attorney, David Shapiro, shared “Unfortunately, distracted driving happens every day and many think they won’t be the one to crash. 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.”

According to the National Highway Transportation Safety Administration, in 2021, there were 3,522 fatalities due to distracted driving. The NHTSA also reports that between 2009 and 2016, pedestrian crash deaths rose 51%, with Arizona falling in seventh place among states with the highest pedestrian deaths.

The lawsuit argues that GrubHub has a negligent business model due to the app's algorithm that pushes more delivery pickups on drivers. The more driver pickups it can send out to contracted drivers, the more money the company makes. "Their whole business is built on doing this as quickly as possible so that they can make as much money as possible. Unfortunately, in this case, it came at an unspeakable cost," said the family’s co-council Robert Glassman.

The lawsuit also accuses GrubHub of negligence in its hiring practice. The complaint says that the driver was hired despite his questionable driving record. Local reports share that the driver had a spotty driving record, including several speeding tickets and DUI charges.

After the accident, the driver was convicted of a misdemeanor but was not charged with a felony because his actions did not rise to the level of criminal recklessness. He has since been suspended from working with the delivery service.

Patrick Burke, a spokesperson for Grubhub, shared after the accident, "Our deepest condolences go out to the friends and family of Hon. Rosa 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."

Judge Rosa Mroz made history in Arizona’s Maricopa County as the first Asian American woman to be appointed to the bench. She would go on to serve in that position for 18 years. She leaves behind a husband and two children.

Mroz’s widower husband Robert shared, “Rosa herself would tell you that her love for her friends and family was her greatest accomplishment,” adding, “Our family is completely devastated by this loss. We are sharing Rosa’s story to warn others of the dangers of distracted driving.”