The man killed two people in the Santa Fe crash from 2010

Mar 9, 2013 10:32 GMT  ·  By

A man that got arrested for a DWI and killed two people in a 2010 collision is now suing the friend that let him drink and drive for causing his accident. Two restaurants in Santa Fe that served him the booze are also under fire, report say.

James Ruiz has filed a suit on Wednesday, March 6, bringing Applebee’s and the Blue Corn Cafe to court.

The crash resulted in the deaths of sisters Del Lynn Peshlakai, 19, and Deshauna, 17, from Naschitti on the Navajo reservation, the Albuquerque Journal writes.

“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 suit alleges.

Ruiz blames his friend Gilbert Mendoza for having “set in motion” the chain of events that led to the killings, with the aid of diners serving him alcohol. He was the one that gave him the keys to the truck he crashed into the Peshlakais’ vehicle.

Their negligence has been described as “utter indifference to or conscious disregard for the safety of others.” the suit adds.

He claims that Mendoza and the two restaurants have led to him suffering emotional distress brought on by incarceration.

“[He] suffered and will continue to suffer from the emotional distress due to the loss of liberty and enjoyment of life,” the lawsuit alleges.

However, this was the plaintiff’s fifth DWI arrest, and he pleaded guilty of the crime in 2011. Ruiz is currently serving a 40-year prison sentence and has not retained legal counsel to represent him in his lawsuit.

His claims that his lawyer during the original suit misled him by telling him that, by pleading guilty, he would only serve 20 years.

Applebee’s marketing strategy has been brought in the discussion, with Ruiz dubbing them responsible for his drinking a large quantity of beer, as it is cheaper to order the large-size than it is to buy the smaller size.

He further blames them of serving him alcohol after him being intoxicated, mentioning a waitress knowing him as “a habitual drinking alcoholic.”