Mother of Massachusetts trooper killed in crash sues Saugus bar linked to wrong-way driver for $20 million
The mother of fallen Massachusetts State Trooper Kevin Trainor is suing the owners of a Saugus restaurant and bar for $20 million, alleging that it overserved the driver who caused the deadly wrong-way crash.
The wrongful death lawsuit was filed in Essex Superior Court on Thursday by Barbara Trainor. It accuses the owners of Tribu Mexican Kitchen and Bar on Route 1 - Paul Mongui, Abner Gonzalez, Herman Zambrano Jr. and Family AP Corp. - of gross negligence in relation to Trainor's death.
Investigators said Tribu served 50-year-old Hernan Marrero nine alcoholic drinks on the night of May 5, just before Marrero got into his Jeep, drove the wrong-way down Route 1 and then crashed into Trainor's cruiser in Lynnfield just after 2 a.m. on May 6. Both men died. Trainor was 30 years old.
The Essex County District Attorney said criminal charges against the restaurant were "not sustainable" after an investigation.
According to the lawsuit, Marrero appeared "visibly intoxicated" throughout the evening and the restaurant continued to serve him, "despite knowing or having reason to know Marrero was intoxicated and would be operating a motor vehicle."
"The unlawful overservice of Marrero was not an isolated act of negligence by individual employees but, upon information and belief, was the foreseeable consequence of Defendants' deficient management, supervision, training, operational policies, customs and practices," the lawsuit said.
There has been no comment yet on the lawsuit from the restaurant or their owners. Trainor's mother has requested a jury trial.
Tribu was the subject of an Alcoholic Beverages Control Commission hearing on Tuesday.
Supervising investigator Caroline Guarino testified that surveillance video showed a bartender poured Marrero's final drink at 12:53 a.m. - just over an hour before the deadly crash. Seven of his nine drinks were for free, according to Guarino. Marrero's blood alcohol concentration was 0.192, more than twice the legal limit, investigators said.
Mongui and Gonzalez attended the hearing with their lawyer, Tracy Firicano, who told commissioners, "This is an isolated occurrence."
The commission has yet to issue a ruling in the case.
