Uber settles suit with family over girl’s New Year’s Eve death

Syed Muzaffar, 57, of Union City was charged with misdemeanor vehicular manslaughter in connection with a crash in San Francisco that killed a 6-year-old girl. Syed Muzaffar, 57, of Union City was charged with misdemeanor vehicular manslaughter in connection with a crash in San Francisco that killed a 6-year-old girl. Photo: San Francisco Police / San Francisco Police Department Photo: San Francisco Police / San Francisco Police Department Image 1 of / 17 Caption Close Uber settles suit with family over girl’s New Year’s Eve death 1 / 17 Back to Gallery

Uber has tentatively settled a lawsuit over the death of a 6-year-old girl hit by one of its drivers in a San Francisco crosswalk. The agreement, disclosed in court records and confirmed by Uber, provides an undisclosed amount of money to the girl’s family and allows the ride-hailing company to avoid a trial about its responsibility for drivers who serve its customers.

Police said Sofia Liu, her 5-year-old brother, Anthony Liu, and their mother, Huan Hua Kuang, were struck by the driver’s sport utility vehicle after he failed to yield to them as they crossed Polk Street, near Civic Center, on New Year’s Eve 2013. The mother was hospitalized for several weeks and underwent eye surgery, the family’s lawyers said.

The driver, Syed Muzzafar, 57, of Union City, was charged with misdemeanor vehicular manslaughter. A date for jury trial is expected to be set on Aug. 5, said his attorney John Hamasaki.

Muizzafar was classified by Uber as a contractor, like all its drivers. The lawsuit said he was logged onto the company’s UberX app while driving the vehicle and was waiting to receive and accept a ride request. Uber, which collects a cut from all rides booked through its system, has said Muzzafar was not providing services on its system when the accident happened because he did not have a passenger with him. The company said it deactivated Muzzafar as a driver after the accident.

But the family’s lawyers argued that Uber was responsible for Muzzafar’s conduct, and that the phone-based interface potentially contributed to the fatality by distracting the driver. They also said Uber failed to provide insurance that would have covered the driver and the harm he caused. Other court cases pending in San Francisco seek to classify Uber drivers as employees eligible for work benefits and reimbursement for expenses.

In papers filed Monday in San Francisco Superior Court, Emile Davis, a lawyer for the family, announced the tentative settlement and asked the judge to keep the details confidential for the privacy of all parties, particularly Sofia’s younger brother.

Specifying the amount of the settlement “leaves Anthony Liu, as well as his parents, open to financial abuse,” Davis said.

In identical court statements translated from Cantonese, the parents said, “The tragic death of my daughter Sofia has forever changed me and my family. We would like to try to move forward privately now.”

Uber issued a statement Tuesday saying, “The Lius suffered a terrible tragedy, and our hearts go out to them. While we cannot ease their pain, we do hope this settlement helps the family move forward.”

This report has been updated since it first appeared online.

Bob Egelko is a San Francisco Chronicle staff writer. E-mail: begelko@sfchronicle.com Twitter: @egelko