Lawsuit Against Local Businesses for Selling Alcohol to Minors

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The family of a young man that died after being struck by a drunk
driver is taking legal measure to castigate those that according to
the family share fault for the tragedy. Two Hidalgo County families
filed a lawsuit against an under aged drunk driver and the three
businesses that sold him alcohol in the hours leading to an accident
that claimed the life of a 17-year-old and severely injured another.
We spoke to the Hernandez Family who says they hope the legal action
they’re taking sends a strong message to the public. 17-year-old Luis
Alfredo Hernandez died on January 23, 2011. He was killed by a drunk
driver. 19-year-old Jose Edmund Pena-Madrid, who ran a stop sign at
the intersection of Los Ebanos Rd and Main St that morning after a
night of drinking.
Maria Elena and Jorge Hernandez, Luis’ parents have filed a civil
lawsuit against Madrid. According to this copy of the lawsuit filed
yesterday at the 92nd district court, Madrid started his drinking
binge by buying a 12-pack at Speedy Drive-Thru in Mission. Then, he
drove to 17th St in Downtown McAllen, where he allegedly purchased
multiple tequila shots at Chicago East Pizzeria. After that, he bought
several more alcoholic beverages at Bellini Seven Martini Lounge
before going to an after party, and then causing the fatal collision
as he headed home in the early morning hours.
Madrid has pleaded guilty to criminal negligent homicide and
intoxication assault. He is scheduled to be sentenced next Wednesday
at 8:30am at the 370th District Court. Madrid’s blood alcohol level at
the time of the accident was 0.178, more than double the legal limit.
He faces anywhere between 2 and 20 years in prison. The family of
22-year-old Jose Balderas has joined the Hernandez family in the
lawsuit.
It’s been almost a year since his death, and Luis’ parents tell FOX 2
NEWS, his loss leaves a void that can’t be filled. He will be forever
remembered.
Both families hope the sentencing is not postponed again. Maria Elena
and Jorge Hernandez say they will visit their son’s grave on the 23rd
and do a balloon release to honor his memory.