A ride service being held responsible for actions of the driver when there is no passenger in the car . That question is the focus of a lawsuit. A 6yearold hit crossing street with her mom and brother in the tender loin district. Abc7 News Reporter is live with the story tonight. This suit is intended to force uber to insure drivers by the way, the driver involved in that accident has in the been charged. The District Attorney is still investigating the case. A new years eve this honda suv driven by a 57yearold. Police say he hit a 6yearold sophia lu, killing her. He worked for the on demand car service, uber. He was using his uber app looking to find a fare. Having that app there as a gps is using the uber app the mother is seen theer month. She suffered broken bones and her eyes were swollen shut. Her 5yearold son was also injured. I cannot save her life. The driver killed her. The suit claims uber is responsible because the driver was on the app at the time of the crash. The company insists the driver was not providing services on the system. During the time of the accident. Meaning there was no passenger in the car. The company is denying Insurance Protection to cover him and the lu family. On demand car services are regulated by the California Public utilities commission. Taxis in San Francisco fall under the jurisdiction of the city. San francisco supervisor jane kim says its time to scrutinize these so called network companies, tncs like uber. Insurance covering them when driving their car for service. Regardless whether there is a passenger or not suchlt may change the way uber does business. Attorneys will argue looking and then responding to a fare is like texting and driving. Which goes against california law. In San Francisco, abc7 news. Uber is facing more opposition from drivers. About 30 protested outside of the office claiming uber is charging tips on behalf of the drivers but keeping the money. Theyre preparing a lawsuit against the car service and others want other benefits all costs, only cost is taking care of is maintaining the app and keeping a prompt. Im the guy gassing up the car, showing up to the customer. And give him the ride. I think the guys are all independent contractors. Uber representatives were listening to concerns. Bart police chief revealed the name of an officer who shot and killed a supervisor the officer plans to attend the funeral for sargeant tovm smith. Mays is a 26year veteran of bay area law enforcement. Investigators have not said why he fired if prps by mistake. Another big question centers on whether two uniformed officers followed protocol. I would have expectation, yes. But they might be some reason why they were not on. I dont know. The chief added today the investigation of the shooting should be completed within 3 to 4 weeks Twin Brothers are under arrest for fatal stabbing of a man outside of a birthday party. Police arrested them this morning. Theys r. Police say they stabbed an 18yearold outside of a piedmont home. Family members say he was killed trying to break up a fight. A Police Officer pleaded guilty to ten felony counts of child molestation. The 38yearold accused of molesting a 15yearold boy last summer n court the judge lowered bail to 100,000 after hastings attorney argued he poses no danger. Hasting saz 13 year veteran of the sfpd named in a civil rights lawsuit over the death of a man who accidentally shot himself after being stopped for evading a muni fair. In benicia the community of Matthew Turner Elementary School is in disbelief over charges a respected teacher brought potlaced food to a teacher potluck. The veteran teacher was arrested on friday. Around Matthew Turner Elementary School the word marijuana and name teresa badger could never be linked until now this, this person is someone ive known 20 years and has never done anything. But the Benicia Police and District Attorney see it differently. An investigation prompted by the School District superintendent last november. Actually they came to the principal. The principal reported to it me. Yes. They had eaten food at a party and experienced symptoms. Investigators learned she did confide in several people after the party not before, or during that after the party during the investigation that she had brought a dish that was laced with marijuana to the party. As to what food, police are not saying. Except that 8 or 9 people tasted the dish including a 15yearold the next day who also reported symptoms. One lady went to the hospital. It was some tremors and shortness of breath. Just symptoms she wasnt sure of. Next day another party goer went to the hospital as well. Her blood was drawn and came back with positive for thc, active ingredient of marijuana mrs. Badger is charged with three counts of poisoning. Shes on administrative leave and was not home today. As school let out, parents and kids describe the charges as impossible. Based on the fine teacher they know. Im sure when facts come out shell be vindicated. Shes a wonderful teacher. If youre listening we love you. You have nothing but support from a lot of people in this town. Teresa badger will appear in court on valentines day. Wayne freedman abc7 news. A man charged with setting a Dumpster Fire has been found not guilty of arson 22yearold was one of several people arrested that night. According to his public defender three Police Officers offered testimony exchanged their stories of trial and in addition he does not have a lighter or matches in his possession and did not smell of folk. When you drive a bus for a living when nature calls a place to stop could be tough to find. There is a plan to make it easier for drivers. Where do you go when you need to go on the job . Just walk down the hallway there is a clean rest room but that is not the case for these muni operators. And now, change is on the way. Bathroom there. See it . Port o potty. See it . That a lot of people dont want to use it. Its one of the few options. Two dozen agency rest rooms city side. Some times we have to stop in the route going into a restaurant or place like thoochlt historically drivers used gas stations and after debate, the plan to build 30 prefab units only accessible to muni employees. Each costing 170,000 what muni believes impact will be priceless. This can have an impact on performance. Service is impacted to put the bus on hold houstony contracted with a few businesses to allow drivers to dash in there for relief. Some best customers were pro muni here. She simply doesnt take potty breaks. They should install real rest rooms were real people. We need comfort. Six so called convenience stations could be up and running so that the drivers wont have to. Sandhya patel is here with a chance of measurable rain in the forecast. When live doppler 7 hd might be tracking the rain. Also why a river is being stocked with thousands of young salmon and beavers making their gnome a creek and why . Some bike riders on a mission some bike riders on a mission tonight. How the bike can be an for over 60,000 california foster children, some bike riders on a mission tonight. How the bike can be an nights can feel long and lonely. I miss my sister. I miss my old school. I miss my room. I dont want special treatment. I just wanna feel normal. To help, sleep train is collecting pajamas for foster children, big and small. Bring your gift to any sleep train, and help make a Foster Childs night a little cozier. Not everyone can be a foster parent, but anyone can help a foster child. A victory for drakes bay oyster farm. The ninth Circuit Court blocked a Government Order evicting the farm from point reyes meaning it can keep operating while it appeals the government wants to turn it into a marine wilderness area and decided not to renew the lease last year. Drakes bay has been operating in point reyes nearly a century. This dry weather has Silicon Valley largest water provider ready to take action. The board expected to approve a call for customer whos reduce usage by 10 officials were not planning on taking action but Drought Conditions were enduring, forced their hand the agency provides water to nearly 2 Million People in the south bay. Bay area salmon fishermen are pressing a federal hatchery to make major changes before replacing more finger lings in the hatchery. Here is George Warren with the story. In a good year, young salmon face the challenge of getting out to the ocean and back here, safely achlt coalition of salmon advocates says that in the bad year like this one, that might be nearly impossible. 750,000 young sal money left the hatchery. Given the current condition of the Sacramento River golden gate salmon session says all are headed into a death zone. We know from studies many will be lost. The Golden Gate Salmon Association is pleading with the federal government to release the fish deeper into the bay. The regional supervisor concedes that that could boost survival rates but could defeat the primary objective of getting the salmon to find their way back to this hatchery as adults. If they survive, they come back, they stray at rates that are far greater than you can see. There could be a possibility of less fish coming back. We think if you balance between finding their home and surviving survival is a priority. The salmon people say tens of thousands of jobs hang in the balance. Such a big decision involving little fish. A 15 mile creek is the site of a come back. The signs of gnawed trees indicate beavers are back there. Abc7 news is live in campbell tonight. David that is great news. This is amazing. Volunteer whos have been busy cleaning up this creek sometime now feel that their efforts are paying off. We havent seen evidence of a dam or lodge yet, it probably wont be too long before we do. This is new night scope video youre seeing first on abc7 news of a beaver repopulating Los Gatos Creek. Its believed debris dumped over the years may have driven them upstream. We knew there were beaver here we set the camera up and found it took 2, 3 times before catching video. Steve holt is the founder of friends of Los Gatos Creek, mobilizing volunteers to join weekend clean ups. The total reached 50 tons over eight months. Someone dumped a soefa. Signs began appearing beaver moved from upstream to urban neighborho neighborhoods theyve come through here and are eating plant matter so trees, bark is their source friends of Los Gatos Creek shot this video going upstream. That is a welcome development. Clean up is ongoing. Its easy owetospot discarded batteries into the creek. Sacramento location is closely guarded for fear humans right scare them off. This touched a chord with the community. We found that people want to give of their time of this. Friends of Los Gatos Creek is always looking for volunteers. We hope beavers like rain. Yes. Rain has been rare last time we had measurable rain in santa rosa. Yes. January 11th but its coming and were going to be measuring it. There is some moisture getting trod move n here is a view from our camera. Looking across the bay there, there are clouds out there and tomorrow morning youll have to contend with drizzle. Into 50s in san jose and los gatos half moon bay, 54 degrees. There is a light breeze there. 54 santa rosa. This is a beautiful view. We do have low clouds looking towards financial district. Some morning drizzle and a wet thursday morning xhuchlt so rain likely with the next system here 5 00 p. M you can see the rain line. And by 2 00 a. M moves into east bay, south bay. Oils will get pulled up because of the rain so be careful out there. Rainfall just went up. So throughout thursday, im going to show what you they look like. Quarter through half an inch. South bay 100 to a tenth of an inch. Were expecting some rain and it will not erase the deficit but will help. Looking at how much rain we need to get us up to average. This is the deficit. We need 18 inches. And fofit field all need more than six inches of rain. Tomorrow morning watching out for slick roadways low 40s to low 50s. And partly to mostly cloudy skies. Looking at the accuweather forecast, get ready to pull umbrellas out wednesday evening throughout friday morning time period looking at that accuweather forecast. That is when we have rain drops out there i know. Rain drops. We havent said rain drops or rain there in a long time. We havent. Its a little bit of something. Right . Yes. Thank you. Coming up apple iphone sales reach an alltime high. Reach an alltime high. But prove ohoh, oh, oh, la, lala, lala, lala nanana, nanananana some things just go together, like auto and home insurance. Bundle them together at progressive, and you save big on both. Oh, ohoh, oh, oh hey, its me [ whistles ] and theres my dog [gasps] theres my steps i should stop talking. Perfectly paired savings. Apple disappointed wall street by reporting record sales. A First Quarter Earnings Report shows apple sold 51, 1 mill yirngs pardon me, 51 million of last year up 7 from the year before. And made 13 billion in profits but wall street expecting bigger things. So apple stock took a plunge. Down 44 a share. Well, after just a season and a half bulls Minor League Team is packing up the team lost 2 million last season. The bulls were in the running again this year but will leave 34 games on the schedule unplayed. A puppy found filthy and injured in a recycling center recovered and is ready for adoption. City workers found the 3monthold gem on a conveyor belt. They noticed her squirming inside of a bag and stopped the conveyor before being sent to a landfill. She had injuries to her neck and legs. She heal asked looking for a home. Animal control says 250 people applied to adopt her. Sweet little dog. Yes. Still ahead what the president sup against as he prepares to deliver his state of the Union Message. A virus spreading through a cruise liner. Numbers have doubled since just yesterday. Doubled since just yesterday. Ahead on 7 for over 60,000 california foster children, doubled since just yesterday. Ahead on 7 nights can feel long and lonely. I miss my sister. I miss my old school. I miss my room. I dont want special treatment. I just wanna feel normal. To help, sleep train is collecting pajamas for foster children, big and small. Bring your gift to any sleep train, and help make a Foster Childs night a little cozier. Not everyone can be a foster parent, but anyone can help a foster child. Hales corners, wisconsin. Nice pass by alyson dudek. Can she hang on to that spot . And she does [ male announcer ] with the uverse wireless receiver, your tv goes where you take it, allowing inspiration to follow. [ dad ] looks pretty good, right . [ girl ] yeah. [ male announcer ] add a uverse wireless receiver today. [ male announcer ] add a uverse wireless receiver today. One of the best things about is that millions of people will qualify for Financial Assistance. For example, if youre a Single Person making less than 46,000 a year, or a family of four, earning up to 94,200, you may be eligible for premium assistance. The lower your annual income, the greater Financial Assistance you will receive. Get answers, and get covered. Find out if youre eligible and enroll today. At coveredca. Com. President obama bringing his state of the Union Message with some of the lowest ratings of his presidency. 55 disapprove of how hes handling the economy. 59 disapprove of obamacare. 62 say the country is on the wrong track and 63 say they have little, or no confidence in the president to make the right decision the president will try to turn numbers around with the speech tomorrow night. You can watch it live along with republican response here on abc7 starting at 6 00 p. M. Tune in for that. Another bad stomach bug forcing a Cruise Company to bring a ship back to port two days early. Royal caribbean explorer of the seas is heading back to new jersey after nearly 625 passengers and crew got sick. Federal Health Officials have not pinpoint the source but Royal Caribbean says doctors expect noro virus is behind the outbreak. And it spread quickly the cruise line says its busy sanitizing the ship to prevent others from getting sick. Passengers on an American Eagle flight from washington, d. C. To chicago ended up getting off the plane via emergency slides the plane was at the gate. Take a look at this picture taken by one passenger. You can see why the 61 people were taken the plane landed and ordered everyone to evacuate. Nobody was hurt. Well, it was only a little nut but that little nut broke off a dodge ram truck setting off a Chain Reaction of events. And Michael Finney is here with a local mans story. What happened to dondrel cooper is further proof something needed to be done. Dondrel cooper recalls his truck began to get shruggage. A couple seconds later just boom the car skid and came to a stop he was barely traveling ten Miles Per Hour when it happened. He had just exited the freeway and was uninjured. I probably would have crashed on the freeway. He showed us the problem. He says the shaft fell off the drive shaft gives power and torque. So when it falls out, the car wont go. It happened in september. He received a notification from chrysler informing him it may need to be replaced he phoned the dealership. He says the Service Department says it was not yet available. Two weeks later the nut came loose but antioch dodge still didnt have the part. They really couldnt do anything besides that, i guess. Except for put the thing kind of malfunctioning screw back in there. An investigation posted on the National Transportation safety board web site says undersized pin onslides were found as the likely factor. The vehicles involved were 20092012 ram 1500 truck. The 20092012 dodge dakota truck, 2009 Chrysler Aspen truck and 2009 Dodge Durango truck. The investigation announced after reports of 15 noninjury accidents associated with the defect. A formal recall followed on november 7th a lot of year. Dondrel continued to wait for a permanent fix. I kept going to the dealer talking to them about it whchlt are you going fix it . He decided to call 7 on your side. Seems like once i called 7 on your side, things for some reason just started going in my favor quicker. The new part became available a week after we called antioch dodge. Did it not get back to with us a comment. Chrysler told us customer safety is paramount at Chrysler Group a cordingly sufficient time was needed for engineers to design and validate the appropriate parts not all vehicles affect by the recalls will experience problems all vehicles that may be susceptible westbound repaired for customers. If you have one of the trucks mentioned call or go to a link ive provided on abc7 news. Com. There, youll find more information about the manufacturing dates covered by the recall. The best thing to go get the information checked. Coming up a preview of some of the super bowl commercials why their live span is bulldog you know, bulldog you know, not all heroes wear capes. Some wear fur. And mattress discounters good deed dogs is here to help them. Meet yara. She helps veterans like marv stay independent. This is caspin. He helps wallace with things she cant do on her own. And goldie helps children with developmental disabilities, while suzie works with people in the hospital. You can be a hero, too. Give it mattressdiscountersdogs. Com, or any mattress discounters. Mattress discounters good deed dogs helping dogs help people. There is a good chance all fans will be watching anyway. Not necessarily for the game but because of the commercials. An ad expert about why the super bowl is the championship game for the world of advertising. It only lasted 30 seconds. But changed advertising history. Marketing professor has been obsessed with super bowl ads since he was little. He remembers this one. Master lock company. Spent 100 of the ad budget on one ad now he says sheer expense why have buying an ad is k. Buy instant credibility. Today its mer than an ad. Companies choose to participate in the super bowl are are making a statement to the world. But ads are changing. Remember this one . Here is budweiser today. Theyre putting less testosterone in ads. More champagne . More everything. In terms of impokt go daddy had lowest impact. Most effective . A dory. Tos ad. The twitter feeds facebook, you tubes. Now, commercial for commercials. From Arnold Schwartzeneggar playing ping pong to blooper reels. Its the tip of the iceberg. Commercials are great. Yes. Coming up two men who see the bicycle as a vehicle of empowerment. [ female announcer ] pillsbury crescents on their own are fantastic. But add some sauce, pepperoni and cheese and fold up the crescent dough and presto, tuesday night just became crescent pizza pockettastic pillsbury crescents. Make dinner pop. He loves me. He loves me not. He loves me. He loves me not. He loves me thats right. [ mom ] warm and flaky in 15, everyone loves pillsbury grands [ girl ] make dinner pop two marin county men are joining forces for a humanitarian bike ride in south africa, joining 35,000 people in the cape cycles tour, a 70 mile ride in march. It provides support for children with lifethreatening illnesses. We see the bicycle as empowerment vehicle. Ken martin is the founder and ceo of mikes bikes and joining a marin county dad in south africa for a bike ride this, is footage from our Fertile Ground robert using sports to help kids and families cope in the cape town area. Entire families are affected and dont talk about it. The stigma make thats too dangerous. Some deeper world areas you can get killed if they find out your status. Last years ride is called cape argus cycle tour. Robert and his wife work with children and families suffering life threatening injuries. Do repairs they shipped 10,000 bikes in less than seven years. With robert and with our sister shop, through the bicycle, you can teach people a skill. Its something they can bring to market themselves and find employment. From people getting to work who werent able to get to work within three hours of their house. My family and i saw the way it changed lives in 2009. And met some families the children had never seen the ocean. They get them ready and not knowing their status. Everything but the truth his son knows about the stigma. I didnt think id live past three. And every year they told me same thing. He and his dad are both living with aids i met them when robert junior was just six at a program called camp sun burst. That is in the early 90s when most children died robert junior just turned 24, hes been to south africa to talk with kids and show why hes proof aids is not a death sentence anymore. Its important to have med sxks a big support group. Having lots of friends is a key thing. The our Fertile Ground dream to buy this land near the coast for a permanent site. Its also right next to a popular bike route. A natural charity, and business fit. People go through the area and riding and practicing for every basis. There is an african kid with hiv getting bullied and hiv drugs taken from him. We can say a bicycle is something that can connect us. And for links just go to abc7 news. Com. Powerful stur. One last time were talking rain. Yes. And excited to tell you about it. As we see here 74 in los angeles. Looking at temperatures coming up a few degrees but going to row main partly to mostly cloudy. Here is a look at the accuweather forecast. If have you to take ferry across the bay count on a drizzly morning or driving be prepared for slow going traffic. Chance of rain wednesday evening into thursday. Be prepared, changes are in the works good to know. Thank you. What will we do . Only a few days left. We have plenty of time. Yes. So much time. Just beginning the countdown just beginning the countdown to for over 60,000 california foster children, just beginning the countdown to nights can feel long and lonely. I miss my sister. I miss my old school. I miss my room. I dont want special treatment. I just wanna feel normal. To help, sleep train is collecting pajamas for foster children, big and small. Bring your gift to any sleep train, and help make a Foster Childs night a little cozier. Not everyone can be a foster parent, but anyone can help a foster child. Good evening. Thomas is not a mediocre receiver. Sherman may be lining up opposite from his buddy in denver. Thomas one of the many weapons Peyton Manning has hes got sprinter speed and 92 catches, 14 for candidates and knows sherman very well. Were friends i met Richard Sherman a couple times and we had a camp together in oregon. And we did stuff in l. A. Together. Its no secret. Number one defense going against number one offense im excited to watch that. Dilemma Going Forward players using marijuana can be suspended. There is Research Suggesting pot may help those suffering from concussions and dealing with longterm pain issues i would say we have to continue to explore and compete to find ways to take care of our players. The fact its in the world of medicine is something the commissioner realizes. So making the research im in support of. Agent Lee Steinberg was the first super agent going back to the 70s then increasing use of signing athletes. He made a fortune then lost it all because of alcoholism. He just wrote a book entitled the agent. Being a good father first of all. With that, Everything Else is just a plus. Ability to work with athletes to add value and help them come to maturation. Together we can use sports. Earthquakes open Training Camp today without steven bedashore. Now quakes barely missed playoffs last season. Looking to get back on track. Theyre going to be the team first team. When everyone heard that, a lot of players support the 49ers great venue. Sharks and kings meet tonight for the First Time Since december 19th. The rookie has had knee surgery. Dustin brown said he never intended to injure hurdle. You know what is going nobody the back of their mind in the tank. I dont think you get that well see what happens out there. Were going to win the game. That is what well do. There is nothing you can do now but play hard. Win the game. No more raw hide. Ryan klo skated with them during a lockout. Abc7 sports this, hockey game tonight going to be interesting. Are you going to retaliate . Oh. Nochlt i would never. Right. Yes. Thanks larry. Join me tonight at 9 00 americas credit card concerns. Experts say were more worried about the safety of our Financial Information are he we doing anything about that . War on sugary drinks. How the department of health plans to use city buss in the fight. That is coming up n prime time tonight followed by abc7 news at 11 00. Go to watch abc. Com our coverage continues now on twitter on abc7 news bay area. Thanks for watching. From all of us here, have a great evening. Liz, lutz and i are gonna walk around times square and pretend to be foreign. [bad swedish accent] i am from homburg, yah. Wanna come . Oh, i cant. My cousin is in town. All right
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