MORE: Uber Eats driver convicted of killing customer, sentenced to prison

Thornton’s mother is suing the company and Bivines, alleging his violent criminal history should have barred him from working as a delivery driver.

Nearly eight years before the murder, Bivines was charged with aggravated assault, Channel 2 reported. The charge was ultimately downgraded and he ended up being convicted of battery.

Rod Dixon, the Thornton family’s attorney, said Uber’s policy allows violent criminals to be hired seven years after a conviction.

“He was qualified to drive because (the conviction) was seven years and seven months prior,” Dixon said. “It just doesn’t make sense. We’re talking about drivers who are going to people’s homes.”

Marcene Thornton said her son was a big fan of Uber Eats and even tried to convince her to use the service. She said if he hadn’t ordered that night, he’d still be alive.

“It’s the last thing I said to my child,” Thornton said. “I don’t want anybody coming to my house with my food. I’ll go get my own food.”