Posted on 06/05/2007 3:20:46 PM PDT by GATOR NAVY
VIRGINIA BEACH - The father of one of two teens killed in a March crash that police say was caused by a drunken driver has filed a $10 million lawsuit against a restaurant that served the man alcohol and allowed him to drive.
In the lawsuit, David Kunhardt claimed that Ensenada Mexican Restaurant failed to protect Alison Kunhardt from imminent danger and essentially acted as Alfredo Ramos' accomplice for not stopping the events that killed his daughter and her close friend.
"Ensenada knowingly participated and furthered this crime by continuing to serve him alcohol and is equally responsible," according to the suit.
Filed in Circuit Court on Friday on behalf of Alison Kunhardt's estate, the lawsuit requests a jury trial and compensatory damages of more than $7 million. Attorney Louis Joynes II did not return two telephone calls seeking comment.
"Ramos was being served alcohol, and he is only half responsible," David Kunhardt said Monday. "This is going to be a tough fight."
Alison Kunhardt, 17, and Tessa Tranchant, 16, were killed shortly after 10 p.m. on March 30 when a Mitsubishi plowed into the back of their Plymouth as they waited for a green light at Kings Grant Road and Virginia Beach Boulevard.
Ramos was charged with aggravated involuntary manslaughter following the crash and is scheduled to appear in Virginia Beach Juvenile & Domestic Relations Court on June 26.
Police said a combination of speed and alcohol led to the crash. Ramos has a history of alcohol-related convictions in Virginia Beach and Chesapeake, which were misdemeanors. That record includes a conviction this year for drunken driving in Chesapeake.
The 22-year-old man born in Mexico of Guatemalan parents also is in the country illegally.
(Excerpt) Read more at content.hamptonroads.com ...
I don't give a crap how good their food is.
I think he should be suing Mexico.
This lawsuit is misguided, though I understand the emotion after losing a loved one. I’d probably would have filed one too had it happened to my daughter.
I wish they could go after the judges that never adequately prosecuted the perp’s multiple previous offenses.
They are the ultimate criminals here.
ping
Exactly.
Agree. While the restaurant might have some culpability, the issue is that he was there in the first place.
Use the father's arguements but apply to the government level (ALL of them), "failed to protect Alison Kunhardt from imminent danger and essentially acted as Alfredo Ramos' accomplice for not stopping the events that killed his daughter and her close friend."
The mother of all class action lawsuits?
Just dreaming.....
Don’t forget to find out who the illegal alien criminal worked for and add them to the suit.

11:18 PM EDT on Monday, April 2, 2007
A man charged with killing two best friends in a Friday night crash admitted in a Va. Beach court Monday he's in the country illegally. Alfredo Ramos, 22, is charged with two counts of aggravated involuntary manslaughter. 13News was in court where we learned Ramos doesn't speak English and so used an interpreter.
Police said Ramos was speeding westbound on Virginia Beach Boulevard when he slammed into the rear of a car stopped at the red light at Kings Grant Road.
Allison Kunhardt, 17, and Tessa Tranchant, 16, were pinned in Kunhardt's Plymouth Duster in the 10:35 p.m. collision. Emergency personnel pulled them out of the car and rushed them to the hospital, where they later died.
Police told 13News Kunhardt was a student First Colonial High School and Tranchant was a student at Kellam High School.
"I just separated from the military. Ive just been home two weeks. I just wanted to spend time with my family," said Dylan Tranchant, Tessa Trenchants brother. Dylan Tranchant just got home from the war in Iraq, and had to identify his sisters body over the weekend.
Dozens of relatives and friends gathered Sunday to console each other and to remember the girls who were inseparably close friends. The girls became close friends when Tessa's mother started dating Allison's father. "They were definitely inseparable," said Allison's father, David Kunhardt. "I've never seen a closer friendship. They would finish each other's sentences."
Police said they believe Ramos had been drinking before the crash. (Ramos had already been convicted of DUI, plus 3 other public intoxication arrests, but identity theft, driving without a license, etc.)
Police also said additional charges may be filed against Ramos, who lives in the 100 block of Trace Court. Commonwealth's Attorney Harvey Bryant says it's not unusual for police to know someone's in the country illegally and not send them back. He says it requires three DUI's before immigration officials are notified.
Allison Kunhardt's father thinks that needs to change. "Illegal means illegal. It makes no sense, you get three DUI's before you're deported. It's not baseball, three strikes you're out. You're dealing with people's lives," said David Kunhardt.
It's not about emotion. It's about being made whole.
Absolutely.
I know a trial lawyer that could pull this case off. Easily.
Where do you think the Dad needs to go to look for justice?
There was a bad three-car "accident" in my locale last Friday evening where 3 died. The Daily Pilot reports:
A Costa Mesa man, Jose Gustavo Castillo, has been arrested on suspicion of driving under the influence and three counts of vehicular manslaughter in connection with a multiple-vehicle car crash Friday night, Watch Commander Keith Davis of the Costa Mesa Police Department said.
Three Costa Mesa men involved in a multiple-vehicle car crash Friday at 8:48 p.m. were pronounced dead at the scene.
All died as a result of the accident, Coroner Larry Esslinger said.
The fourth victim, Castillo, is still being treated for critical injuries at Western Medical Center, Davis said.
Juan A. Romero-Figueroa, 18; Julio Sandoval-Telles, 21; and Francisco Rodriguez, 19, were all passengers in Castillo's car, police said.
Castillo was headed westbound at a high speed on Victoria Street, but had not gotten to Canyon Drive before his Lincoln Town Car rear-ended a Chevy Malibu driven by Martha Albrecht, 55, a Huntington Beach resident, authorities said.
Castillo then hit a second driver's Jeep Cherokee, then lost control and "slid across the roadway and struck" a light pole, authorities said.
Mary Pilstl, 48, a Huntington Beach resident, was the driver of the Jeep Cherokee.
The accident's impact ejected two of the Town Car's passengers; the passenger in the back seat was killed and is still unidentified.
Albrecht and Milstl were not injured, and no charges were filed against them, police said.
There had been earlier reports of one victim's decapitation as a result of the accident.
"There was no decapitation," Coroner Larry Esslinger said.
Any mention of a decapitation was the "result of officers looking at the injuries at the scene," police said.
At press time, Castillo was still in "critical but stable" condition, authorities said.
Except for Julio Sandoval-Telles, 21, all were under age if under the influence. The Pilot had previously reported the driver's, Jose Gustavo Castillo, age and early speculation was that he was involved in road racing.
There was another suggestion/report (not sure which at this point and certainly not in the Pilot, possibly in the OC Register) that the driver was unlicensed.
The reason I post this in response to yours is the comments attached to the article, several of which question the nationality of the dead victims and the driver. The message board is truncated and earlier posts fall off the board. However, one of the latest gems stands out and reads:
pas wrote on Jun 5, 2007 12:02 PM:
" Mark just remember by having or not having driver license and Insurance accidents still happen and you me and everyone is going to die soon or later so please stop youre comments and to all those three kids R.I.P MUCH LOVE TO JAVI AND ALL THEIR FAMILYS AND TO JOSE HOPE YOU GET BETTER. "
And not entirely surprising, I keep reading "There was no decapitation," as "There was no deportation."


Good graphics!
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.