DoorDash Judge Steers Suit Over Fatal Crash Out of San Francisco

Robert Burnson, Bloomberg News

A DoorDash Inc. delivery person carries an order bag outside of a DoorDash Kitchens location in Redwood City, California, U.S., on Friday, Nov. 29, 2019. Doordash, an on-demand food delivery service, unveiled their first shared commissary kitchen concept that can house up to five restaurants, offering a cost-saving alternative to traditional brick and mortar locations. Photographer: David Paul Morris/Bloomberg , Bloomberg

(Bloomberg) -- DoorDash Inc. persuaded a judge that a lawsuit blaming the company for the death of a pedestrian who was killed by a speeding deliver driver belongs in Wisconsin, where the accident happened and the driver lives.

California Superior Court Judge Richard Ulmer issued his decision after a hearing Monday, reversing a tentative ruling he made Friday that kept the case in San Francisco, DoorDash’s hometown.

“The driver’s Wisconsin residence tips the balance,” Ulmer wrote in a one-paragraph ruling. The driver will probably be a key witness in the case, he said. “Yet, she cannot be compelled to come to San Francisco to testify at trial. Plaintiffs suggest a deposition video, but that is an imperfect substitute for live trial testimony.”

Mark Webb, the lawyer for the victim’s family, said he would transfer the case to Wisconsin. “I think that the manner that they let people drive for them is questionable -- and that’s what the ballgame is all about.”

DoorDash has denied any wrongdoing.

“There is no evidence DoorDash was the cause of the accident and there is plenty of evidence other factors were,” the company said following Friday’s ruling.

Read more: DoorDash Fails in Bid to Toss Lawsuit Over Speeding Driver