Local News
The lawsuit claims Tribu Mexican Kitchen & Bar served Hernan Ramon Marrero nine drinks, with some being free, even after he became visibly intoxicated.
Gov. Maura Healey stands at attention as State Trooper Kevin Trainor’s casket is brought outside of St. James Church in Salem during his funeral in April. Finn Gomez for The Boston Globe
The mother of Massachusetts State Trooper Kevin Trainor has filed a $20 million lawsuit against the owners of a Saugus restaurant and bar, alleging they continued serving alcohol to the man who would go on to cause a crash that killed her son despite signs he was visibly intoxicated.
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Report: Wrong-way driver who killed trooper had 9 drinks before Route 1 crash
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Local obituary: Mass. State Trooper Kevin Thomas Trainor, 30
Barbara Trainor, of Salem, filed the lawsuit Thursday in Essex Superior Court against Family AP Corp., which operates Tribu Mexican Kitchen & Bar on Route 1, as well as owners Paul Mongui, Abner Gonzalez, and Herman Zambrano Jr., accusing the defendants of gross negligence.
Trainor, 30, encountered wrong-way driver Hernan Ramon Marrero, 50, while heading home from a public safety detail around 2 a.m. on May 6. Marrero, a Roslindale resident, died in the head-on collision, while Trainor later succumbed to his injuries at a hospital.
The lawsuit follows Essex County District Attorney Paul Tucker’s release of a report July 15 that found Marrero had a blood alcohol level of 0.192 — more than twice the legal limit for driving — after consuming at least nine drinks before the crash.
Though the district attorney said “criminal charges are not sustainable,” Tucker noted in the report that the Alcoholic Beverages Control Commission had opened an enforcement case involving Tribu.
Trainor’s mother has requested a jury trial, per court records.
What the lawsuit alleges
According to the complaint, Marrero arrived at Tribu, located at 44 Broadway, around 9:20 p.m. on May 5 and was served alcohol for roughly four hours. The lawsuit alleges he consumed at least nine drinks and became visibly intoxicated while staff continued serving him.
In addition, the plaintiff alleges the restaurant and its managers failed to properly train and supervise employees and enforce alcohol-service rules, seeking $20 million in damages.
The complaint alleges restaurant employees eventually helped Marrero walk out of the establishment because he was “visibly impaired” but failed to prevent him from getting behind the wheel.
“Despite knowing or having reason to know that Marrero was intoxicated and would be operating a motor vehicle, Defendants continued serving him alcoholic beverages rather than refusing service, intervening, or taking reasonable measures to prevent him from driving,” the lawsuit states.
The complaint further alleges the defendants knew, or reasonably should have known, Marrero intended to drive after leaving the restaurant.
“At the time Marrero left Tribu, he was impaired by alcohol to such an extent that he presented an immediate and unreasonable danger to every person using the public highways,” the complaint continues.
How the owners have responded
Neither Tribu nor the owners have commented yet on Barbara Trainor’s lawsuit, and a response to the complaint has not been filed.
However, during an Alcoholic Beverages Control Commission hearing July 28 over alleged alcohol-service violations related to the fatal crash, attorney Tracy Firicano defended the restaurant on behalf of the owners.
Owners Paul Mongui and Abner Gonzalez attended the hearing, but did not speak.
Firicano described the incident as “an isolated occurrence” and argued that “context is important,” noting the allegations before the commission stemmed from a single evening.
“As human beings, it’s difficult not to let emotion permeate what is being assessed. However, the issues before you, honorable commission members, are very narrow ones,” Firicano said. “And that doesn’t minimize the tragedy. All it does is … narrows the focus on the evidence presented to you in connection with the specific violations alleged.”
Firicano also urged commissioners to consider the restaurant’s history, noting it had no prior violations, and described the owners as businesspeople with a “strong worth ethic.”
“They’re willing and ready to adopt measures that will improve the safety and quality of their restaurant, and they’re proactive about it,” she said. “They ask questions. They want to do the right thing. And I’ve been happy to assist them and ensure that they’re directed properly.”
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