Lyft lost its bid to dismiss a lawsuit over the ride that delivered an ax-wielding man to the home where he then killed his ex-girlfriend.

The family of Julie Minogue is alleging wrongful death and negligence by the San Francisco-based ride-hailing company in connection with her 2022 murder in Milford, Conn.

Lyft’s motion to dismiss the claim was denied in an Aug. 15 federal district court ruling that addressed whether the driver had a legal duty to protect anyone from Ewen Dewitt, who reportedly entered the car “carrying a large ax in plain view and acting aggressive and dangerous.”

After a 25-mile ride that included a stop at a liquor store, Dewitt killed Minogue, striking her at least a dozen times with the ax in the presence of two of her children, then ages 17 and 3. The younger child is Dewitt’s son.

In March of this year, Dewitt, 45, pleaded guilty in a deal under which he was sentenced to 40 years in prison.

Minogue’s father, on behalf of her estate, filed the suit against Lyft. Court documents sum up its claim: “Plaintiffs argue that ‘carrying a large ax to a suburban condo at night, while intoxicated and acting strangely’ is enough to indicate to a reasonable person that a crime was in progress, and that more than simply doing nothing, Lyft ‘through their assigned driver, furthered the progression of the crime by chauffeuring the murder[er] to his intended victim.’”

Lyft countered that in providing the ride it did not assume the duty to protect Minogue. The judge ruled that the family’s complaint would be allowed to proceed.

Minogue’s family is also suing the city of Milford and its police department, saying they took insufficient action when Minogue complained about harassing text messages from Dewitt. She had obtained a restraining order days before her death.