This browser does not support the Video element.
PHOENIX - A civil lawsuit has been filed against Grubhub and one of its drivers. This comes nearly two years after a Maricopa County judge was hit and killed by a Grubhub driver.
The crash happened near 56th Street and Camelback on February 2, 2022.
Judge Rosa Mroz was on her morning walk, in the crosswalk, with the green light when she was hit by a car driven by a man delivering for Grubhub. She died at an area hospital on Feb. 5.
It's been nearly two years, but it seems like yesterday to her husband, Rob. And he still misses her every single day.
"Her laugh.. her giggle. But we have pictures. We're always holding each other, just standing there together. I miss her presence."
Police say the driver, Daniel Eagleburger, admitted to being distracted by his phone when he ran the red light. He pleaded guilty to a misdemeanor in municipal court, but now Eagleburger and Grubhub are named in a civil suit filed by Rob Mroz.
This browser does not support the Video element.
Victim's family files lawsuit against Grubhub
"This gentleman, Mr. Eagleburger, checkered driving history. Multiple traffic citations. At least two DUIs," said David Shapiro, founder of the Shapiro Law Team.
"Following this horrible crash, she was interviewed by the police and admitted that he had looked down at his phone, and he was distracted," said Jessica Zink of the Shapiro Law Team.
The Shapiro Law Team will argue that Grubhub had plenty of warning about Eagleburger's less than stellar driving record, but put profits ahead of safety anyway.
"They encourage and incentivize their drivers to deliver the food by being distracted. They make huge profits, and then they try and say we’re not responsible. That’s fundamentally wrong and this is a serious problem," said Shapiro.
Mroz spent 18 years on the bench and was the first Asian American woman to be appointed as a judge in Maricopa County Superior Court. She was famous for being smart and fair and baking muffins for her jurors. But her most important role was mother to a son and daughter, and beloved wife to Rob for 35 years.
"If there’s anyway that this can help stop it or reduce it or put a spotlight on it. It’s just a waste."
Maricopa County Superior Court judge dies after being hit by reported red light runner
Maricopa County Superior Court Judge Rosa Mroz was reportedly hit by a red light runner on Feb. 2, and just a few days later on Feb. 5, she passed away from her injuries.
Grubhub issued a statement, sending its deepest condolences, adding that they took immediate action against the driver. They also insist that they do rigorous motor vehicle and driver background checks, and that their drivers commit to following all driving laws.
"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."
FOX 10 attempted to contact Daniel Eagleburger for comment. It could be well over a year before this case goes to trial.
Map of where the crash happened: