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Lawsuit filed against Beach restaurant in teen's death (illegal alien DUI)
The Virginian-Pilot ^ | 5 June 07 | DUANE BOURNE

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 ...


TOPICS: Local News
KEYWORDS: aliens; dramshop; dui; illegalaliens; illegaldeathlist; illegalduilist; illegals; immigrantlist
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This was the case that was on O'Reily. I hadn't heard before where the accident was. I used to live close to there when we were in Va. Beach. I've eaten at the restaurant being sued. I think the father should be suing Virginia Beach, Chesapeake and the feds. This drunk should have been deported a long time ago.
1 posted on 06/05/2007 3:20:51 PM PDT by GATOR NAVY
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To: GATOR NAVY
But employees continued to sell him alcohol for three hours, although he could not present proper identification

I initially thought the establishment should be less culpable.
2 posted on 06/05/2007 3:27:24 PM PDT by kinoxi
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To: GATOR NAVY
Did the restaurant verify his I.D. to purchase booze?

I don't give a crap how good their food is.

3 posted on 06/05/2007 3:27:30 PM PDT by MrEdd (L. Ron Gore creator of "Fry-n-tology" the global warming religion.)
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To: GATOR NAVY

I think he should be suing Mexico.


4 posted on 06/05/2007 3:27:46 PM PDT by doug from upland (Stopping Hillary should be a FreeRepublic Manhattan Project)
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To: GATOR NAVY

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.


5 posted on 06/05/2007 3:29:17 PM PDT by Extremely Extreme Extremist
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To: MrEdd

I wish they could go after the judges that never adequately prosecuted the perp’s multiple previous offenses.

They are the ultimate criminals here.


6 posted on 06/05/2007 3:30:17 PM PDT by AIM-54
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To: 1_Inch_Group; 2sheep; 2Trievers; 3AngelaD; 3pools; 3rdcanyon; 4Freedom; 4ourprogeny; 7.62 x 51mm; ..

ping


7 posted on 06/05/2007 3:30:49 PM PDT by gubamyster
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To: MrEdd; kinoxi
No implication on my part that the father shouldn't be suing the restaurant, just that there are government parties carrying the guilt of not rid of this illegal a-hole a long time ago. I'd really like to see them pay.
8 posted on 06/05/2007 3:33:17 PM PDT by GATOR NAVY
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To: AIM-54

Exactly.


9 posted on 06/05/2007 3:33:57 PM PDT by GATOR NAVY
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To: GATOR NAVY
I think the father should be suing Virginia Beach, Chesapeake and the feds. This drunk should have been deported a long time ago.

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.....

10 posted on 06/05/2007 3:34:21 PM PDT by LasVegasMac (Give me 10 days and we'll be at war with those SOB's - I'll make it look like their fault!")
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To: GATOR NAVY
Who’s going to judge the judge’s guilt? Some of these people view themselves as self annointed kings. They should take responsibility as a government employee for their actions on behalf of the government IMO.
11 posted on 06/05/2007 3:38:32 PM PDT by kinoxi
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To: LasVegasMac

Don’t forget to find out who the illegal alien criminal worked for and add them to the suit.


12 posted on 06/05/2007 3:41:47 PM PDT by InsensitiveConservative
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To: GATOR NAVY
Best friends killed in crash in Va. Beach

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. I’ve just been home two weeks. I just wanted to spend time with my family," said Dylan Tranchant, Tessa Trenchant’s brother. Dylan Tranchant just got home from the war in Iraq, and had to identify his sister’s 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.

13 posted on 06/05/2007 3:41:58 PM PDT by Travis McGee (--- www.EnemiesForeignAndDomestic.com ---)
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To: Extremely Extreme Extremist
It's only misguided by not being filed in Federal Court. US citizens were killed by an illegal alien to the US. Plus all the other cities that arrested him for DUI and released him should be parties to the case too. And the money is too low.

It's not about emotion. It's about being made whole.

14 posted on 06/05/2007 3:48:58 PM PDT by BobS
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To: doug from upland
I think he should be suing Mexico.

Absolutely.

15 posted on 06/05/2007 3:55:59 PM PDT by VeniVidiVici
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To: InsensitiveConservative
That how to go after things for the victims. Include employer, last bar, cities with a bunch of DUI records on them and their policies. Other crimes.

I know a trial lawyer that could pull this case off. Easily.

16 posted on 06/05/2007 4:06:49 PM PDT by BobS
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To: InsensitiveConservative
Don’t forget to find out who the illegal alien criminal worked for and add them to the suit.

Where do you think the Dad needs to go to look for justice?

17 posted on 06/05/2007 4:09:25 PM PDT by LasVegasMac (Give me 10 days and we'll be at war with those SOB's - I'll make it look like their fault!")
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To: GATOR NAVY
I think the father should be suing Virginia Beach, Chesapeake and the feds. This drunk should have been deported a long time ago.

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."

18 posted on 06/05/2007 7:54:19 PM PDT by LNewman
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To: potlatch; PhilDragoo; ntnychik; dixiechick2000; Travis McGee; Jeff Head; Seadog Bytes; ...
loop=3
U.S. Congressman Steve King, Representing the Fifth District of Iowa. Back to Home Page

From the Desk of ...

Representative Steve King
5th Congressional District of Iowa

Biting the Hand That Feeds You

May 5, 2006  

On May 1st, the activists who brought you thousands of Mexican flags flying in marches down the streets of our cities are now bringing you "Nothing Gringo Day". With help from the Mexican government, Mexican unions, Mexican political groups, and through the Spanish language radio and newspapers, the call has gone out to make America experience a total boycott, both here and in Mexico. Talk about biting the hand that feeds you.

Just the word "boycott" sparks the image of noble dissent in the face of economic or social oppression. I think of American colonials bucking British economic interests in retaliation to the Stamp Act. Or perhaps the ostracizing of Irish landlord Charles Boycott, the namesake of the verb for all tyrannized people. If not tyrannized, at least disgruntled. If not disgruntled, maybe just bored.

Yet, isn't the key to a successful boycott an economic or social upper-hand? The cost must be felt if the offending party be forced to reform. For example, how does boycotting a movie you had no intention of going to affect the box office? More people probably see a boycotted movie due to the attention than if it had simply been ignored.

President Carter thought he was on to something when he kept American athletes out of the 1980 Moscow Olympics. That showed 'em. That particular boycott neither got the USSR out of Afghanistan nor brought down the Berlin Wall. It just caused our own athletes to suffer.

The May 1st anti-Gringo-fest is also being billed as "A Day Without Immigrants" which is a misnomer on a couple of counts. First, the threatened boycott fails to conjure the image of a Norwegian refusing to buy his May 1 lutefisk at the corner Fareway. Second, the pro-amnesty groups are insistent on confusing legal and illegal immigration. Let's not start mixing our apples and oranges. The issue before Congress is illegal immigration. Perhaps the May 1st boycott should give America a glimpse into "A Day Without ILLEGAL Immigration."

What would that May 1st look like without illegal immigration? There would be no one to smuggle across our southern border the heroin, marijuana, cocaine, and methamphetamines that plague the United States, reducing the U.S. supply of meth that day by 80%. The lives of 12 U.S. citizens would be saved who otherwise die a violent death at the hands of murderous illegal aliens each day. Another 13 Americans would survive who are otherwise killed each day by uninsured drunk driving illegals. Our hospital emergency rooms would not be flooded with everything from gunshot wounds, to anchor babies, to imported diseases to hangnails, giving American citizens the day off from standing in line behind illegals. Eight American children would not suffer the horror as a victim of a sex crime.

On the negative side, the price of a pound of tomatoes might go up from $0.79 to $0.80. That is unless you have a garden. But I'm guessing that the Mexican drug lords are not taking May 1st off. Neither will the 11,000 illegal invaders that pour over our border every other day of the year. It is a safe bet that the U.S. Border Patrol will have a very busy "Nothing Gringo Day."

Since September 11th, it remains true that OBL is the greatest threat to America. I will leave it to the reader to decide if the greatest threat is Osama bin Laden or the Open Borders Lobby. The emerging cheap labor "ruling class" in America is the strongest supporter of amnesty for illegals. Their anti-American "new servant class" has chosen to boycott them; the very definition of irony. On May 1st, Primero de Mayo, Americans will observe, as illegal immigrants celebrate, "Bite the Hand That Feeds You Day."

-30-



19 posted on 06/05/2007 11:59:42 PM PDT by devolve ( _Illegal_Aliens_Killed_25_Americans_Today _20_More_Than_Al-Qaeda_ WebTV_&_MSNTV__"Eyes_For_You")
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To: devolve

Good graphics!


20 posted on 06/06/2007 1:53:33 PM PDT by potlatch (MIZARU_ooo_‹(•¿•)›_ooo_MIKAZARU_ooo_‹(•¿•)›_ooo_MAZARU_ooo_‹(•¿•)›_ooo_))
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