The child, Sofia Liu, was struck along with her mother and brother in a Tenderloin crosswalk by driver Syed Muzzafar, who told police he was awaiting a fare on Uber's rideshare app. Although Liu was killed, her family survived. The family filed the wrongful death suit in January.
Uber's defense in the lawsuit, filed May 1, alleges that Muzzafar was not using the company's app and was not an Uber employee at the time Liu was hit, according to the SF Bay Guardian.
The company argues that it had no responsibility to insure Muzzafar, as he was an independent contractor, not an employee.
According to the filing, Muzzafar "was not transporting a rider who requested transportation services through the Uber App. He was not en route to pick up a rider who requested transportation services though the Uber App. He was not receiving a request for transportation services through the Uber App."
The complete document can be found here.