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June 07 2007 - Family of teenage DUI accident victim sues restaurant where suspect allegedly got drunk

A beach restaurant is facing a multi-million dollar lawsuit.

The lawsuit filed Friday alledges Ensenadas Mexican Restaurant is partly to blame for the death of a Virginia Beach teenager.

Alison Kunhardt and her friend, Tessa Trachant, died in the crash on March 30th.

Police say Alfredo Ramos was drunk when he slammed into the back of their car at a stoplight.

The lawsuit filed by Alison Kunhardt's father is asking for more than ten million dollars.

Current Virginia law does not hold restaurants liable for their patrons actions....But this lawsuit hopes to change that.

Alfredo Ramos may have been the only one behind the wheel the night of March 30th when he alledgely plowed into the back of a car killing Alison Kunhardt and Tessa Trachant. But a lawsuit filed Friday by Alison's father David, claims Ensenadas Mexican Restaurant in Virginia Beach also played a role in her death.

Kunhardt's attorney, Mike Joynes told us: "We believe there is a conspiracy or almost an accomplice type of situation between where Mister Ramos was drinking and the accident"

According to the lawsuit, obtained by 10 On Your Side, employees "knew Ramos to be intoxicated at the time he entered the premises". But they "continued to sell and serve Ramos alcoholic beverages throughout the evening"

We tried to speak to the manager of Ensenadas, but he refused to comment on the lawsuit.

According to current Virginia law, establishments cannot serve someone who is drunk.

Virginia, unlike other states, does not have a law holding establishments responsible if an intoxicated patron leaves and causes death or injury to another.

Joynes admits he has a tough road ahead, but ulitmately hopes the issue falls into the hands of lawmakers.

"When you have someone who goes in and gets completely intoxicated or was intoxicated when he got there or was served alcohol in furtherance of that intoxication you have the right to hold the establishment responsible," he said.

Ramos has been charged with involuntary manslaughter in the deaths.

He is scheduled to appear in court June 26th.
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