Family of dead pedestrian suing driver and Grubhub

Police say that on Feb 2, 2022, a driver failed to stop at a red light, and ran over Rosa Mroz, a Maricopa County Superior Court Judge, killing her. She was in a marked crosswalk, crossing on the green/walk near 56th St and Camelback.

Police never revealed the name of the driver, or the fact that he was driving for Grubhub at the time; but now that a civil lawsuit has been filed, we see that the driver was charged in January 2023 by the city prosecutor with 28-672 “Serious Injury/Death-Moving Violation”, a class 1 misdemeanor.

The outcome is done and knowable, but not online. Anyone in the public could contact Phoenix Municipal court to figure that out — penalties typically run to some probation, and placing a “restriction” on their driver’s license for some period, although it’s not clear if probation works, or if anybody pays attention to license suspensions or restrictions. Prior history could bring more severe sentencing (read on).

To state the obvious; the misdemeanor filed by City of Phoenix, means that the Maricopa County Attorney’s Office declined to pursue any felony charges, and undoubtedly would say they could not prove criminal negligence, the standard for a charge of Negligent Homicide. (according to the county prosecutor’s office, not looking where you are going, and blowing a red light isn’t negligent). We have to wonder about this 2019 case where MCAO brought reckless manslaughter charges against a (an alledged) texter who killed, only to later drop all charges. (bungled?). On the other hand, the driver of the autonomous Uber was vigorously prosecuted by MCAO because police say she was looking at her phone when she was supposed to be looking ahead, killing a pedestrian in Tempe in 2018.

News coverage of the civil filing: mentions the drivers name, most of the other do not; Azfamily mentions it in the video, but not in the text. The video also has other details not in the text “the lawsuit also claims that Grubhub was negligent in hiring Eagleburger, claiming he had a record of speeding violations, INCLUDING MULTIPLE DUI CONVICTIONS…”

(No DUI convictions against the driver show in Case Lookup, but that is not comprehensive; not all courts report into it)

Crash Report

2022-02-02 ADOT incident 3867494, Phoenix file number 2200176962

Civil Case

CV2023-018370, case minutes (not sure if minutes appear for civil cases?)




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