Drunk Driver Sues drinking buddy and 2 restaurants (after killing 2 teens)

[Liberal_in_LA]

Drunk Driver Sues Friend, 2 Restaurants
New Mexico man killed two teen sisters after drinking

(AP) – A repeat drunken driver convicted in a crash that killed two teenagers is suing his drinking buddy and two Santa Fe restaurants that served him alcohol. James Ruiz filed suit in New Mexico District Court this week, seeking monetary damages from the friend he was out drinking with as well as Applebee's and the Blue Corn Cafe. The lawsuit, filed by Ruiz without a lawyer, claims the restaurants and his friend caused Ruiz emotional distress when he was served drinks in 2010.

Police say Ruiz rammed his truck into a car and killed two teenage sisters from the Navajo reservation. He is serving a 40-year prison sentence after entering a guilty plea in 2011. Neither restaurant has commented on the lawsuit. The Albuquerque Journal has more.

http://www.newser.com/story/164119/drunk-driver-sues-friend-2-restaurants.html?utm_source=part&utm_medium=united&utm_campaign=rss_3_2

n a lawsuit filed Wednesday – precisely one day after the third anniversary of the fatal wreck in which Del Lynn Peshlakai, 19, and her sister Deshauna, 17, of Naschitti were killed – Ruiz seeks monetary damages from Applebee’s and the Blue Corn Cafe, as well as from drinking buddy Gilbert Mendoza.

Mendoza gave Ruiz the keys to the truck that Ruiz was driving when he rammed into the rear of the Peshlakai family’s car on Cerrillos Road.

Ruiz says that as a result of “causing and perceiving the motor vehicle crash and its effects upon everybody envolved (sic), the Plaintiff (Ruiz) suffered and continue (sic) to suffer emotional distress.”

The negligence of Mendoza and the restaurants who served him booze “was a cause and/or contributing cause of the Plaintiff’s severe emotional distress,” Ruiz’s suit adds.

Ruiz, a repeat drunken driver who was out on bond on his fifth DWI arrest when the fatal crash took place, filed the lawsuit himself without a lawyer. He’s serving a 40-year prison sentence after entering a guilty plea in 2011.

http://www.abqjournal.com/main/2013/03/08/abqnewsseeker/driver-who-killed-2-sisters-suing-restaurants-friend.html

[RedCappedBandit]

1. Takes a real sociopath to behave like that.

[BainsBane]

5. totally agree nt

[arcane1]

2. He may as well sue his own parents for not using contraception

[Takket]

3. Just reading that BS has caused me emotional distress. I'm going to sue him -nt-

[sibelian]

4. Well, that's silly.

Silly and sad.

[Trascoli]

6. People like this should have zero rights

Lock him up forever or kill him. Just make sure he's no longer with the public taxpayers.

[dsc]

7. I would be willing to listen to the victims of the crash suing those people

under some sets of circumstances.

A spokeswoman for Santa Fe Dining, businessman Gerald Peters’ restaurant group that includes the Blue Corn, released this statement in response to Ruiz’s suit: “Our attorney has not had an opportunity to review the complaint handwritten and filed by Mr. Ruiz. Consequently it is not possible to comment, except to express the continued, deepest sympathy to the family of the young women killed by Mr. Ruiz, an individual who has long history of criminal DWI behavior.”

Santa Fe Dining changed its alcohol serving rules, imposing new limits on customers, after the Ruiz crash.

A corporate spokesman for Applebee’s said the company wouldn’t comment on pending litigation.

Mendoza could not be reached for comment.

The Peshlakai family has filed a wrongful death suit against Ruiz, Mendoza, the restaurants and others in the case. That suit is pending in state district court.

end quote from your second link

I have to say if the restaurant did what he said they should pony up. And the fact the restaurant changed its policy after the accident speaks volumes. Now, it goes without saying this clown should be laughed out of court.

[Politicalboi]

8. If this were the case

All drunk drivers should be able to sue the bar that served them if they get pulled over and brought to jail. NEVER going to happen, and this asshole is out of his mind. If he does win anything it should ALL go to the victims families.

Now suing liquor companies like the tobacco companies is a good idea. They sell an addictive product, and years ago they didn't have warnings on their labels. Alcohol destroys more lives, even more so than cigarettes.

[kwassa]

9. Anyone can file a lawsuit. Anyone often does.

Problem is, the burden of proof is on them. A judge will probably toss this one.

I once worked for an insurance company in a claims department in Los Angeles. I read parts of a case file where someone sued Bob Dylan, insured by this company, for appearing in the plaintiff's dreams. I am not joking. The file was very thick, the plaintiff very busy submitting things, and crazier than a loon.

[Kalidurga]

10. I think I located the real problem...

Mendoza gave Ruiz the keys to the truck that Ruiz was driving...

In some states it is illegal to serve people alcohol that are drunk and/or allow them to drive. I Minnesota is one of them. Also I have heard some people with that many convictions are prohibited from buy alcohol at all whether they intend to drive or not. I am not positive of this, but I was told that is why liqueur stores are supposed to card everyone now, not just people who appear to be under 40.

I think the emotional distress part of the lawsuit is stupid and insensitive. But, I do believe there are a lot of people here that are just as guilty as the driver. His friend who gave him both alcohol and a truck to drive and the others who served him even though he was already drunk. The courts are going to have a time of it figuring out who served him and when they did and if there was any reason for them to suspect he was already dangerously drunk.

[niyad]

11. I want to know why this "habitual drunk" (his own words) was out on bond on his FIFTH dui.

must be a repuke--no sense of personal responsibility at all. a truly sick, twisted pos.

[frylock]

12. there's a reason this ass is representing himself

[Arcanetrance]

13. Sadly due to dram laws I don't know what they are like in that state

But the restaurant's could legally be held responsible.