Coral Gables Wrongful Death Lawsuit Seeks Damages from 19-Year-Old Allegedly Drunk Driver
The family of Eyder Ayala is considering filing suing the Fontainebleau Hotel for her Miami-Dade County wrongful death. The 68-year-old grandmother died last month in a Coral Gables car accident.
The driver of the 2011 Audi Q5 that struck her, 19-year-old Ivanna Villanueva, was operating her vehicle at about 80 miles an hour at the time. The University of Miami student has been charged with DUI manslaughter over the deadly crash. Prosecutors say that her BAC was three times the legal limit at .231%. The criminal charge comes with a maximum 15-year prison sentence if she is convicted. Villanueva is now under house arrest.
Ayala’s family has already filed a Coral Gables wrongful death case against Villanueva for her “wanton disregard for life. Also named as a defendant is the teenager’s dad, Luis Villanueva, who the plaintiffs want to hold accountable for her actions.
Villanueva used a fake ID to enter a nightclub, which is located at the Fontainebleau Hotel. At age 19, she should not have been in the club or served alcohol but receipts were found showing that she bought two shots of tequila $42. The Coral Gables car accident lawyer representing Ayala’s loved ones say that the family might sue Fontainebleau Hotel, the club, and any other places that served or sold Villanueva alcohol.
Florida’s Liquor Liability Laws
Under the state’s Dram Shop Act, serving, selling, or giving alcohol to anyone under 21 can make you accountable if this results in injury of death. Also, although Florida Statutes, Section 768.125 says that bars and establishments are not liable for injury or death caused by a person of lawful drinking age that was served alcohol, if the beverage was offered with the knowledge that the person being served is habitually addicted to alcohol use, then liability is also possible.
There are reasons why minors are not allowed to drink alcohol. Restaurants, clubs, and bars must abide by the laws that make it illegal to serve alcohol to people under 21. It is no big surprise when minors procure fake ID’s to enter these facilities and there should be procedures and checks in place to prevent this from happening.
Drunk driving is a tragedy for everyone involvement—the victim, their loved ones, and the drunken driver, who likely never intended to hurt anyone and whose life will also never be the same.
If you’ve lost someone you love in a Coral Gables motor vehicle crash, you undoubtedly have lots of questions and will want to explore your legal options. The sooner you talk with a Miami-Dade personal injury lawyer the better.
Coral Gables Teen Was Drinking at Fontainebleau Club Hours Before Fatal Crash: Lawyer, NBC Miami, October 5, 2011
University of Miami student charged with DUI manslaughter, Miami-Dade, October 25, 2011
More Blog Posts:
Driver Charged in Boca Raton Motorcycle Accident Death, Florida Injury Attorney Blog, October 27, 2011
Drunk Driving May Have Been a Factor in Palm Beach Garden Car Crash That Killed One Teen & Sent Four People to the Hospital, Florida Injury Attorney Blog, September 30, 2011
Jury Awards $2.25M Palm Beach County Wrongful Death Verdict in Fatal 2008 Boynton Beach Car Accident, Florida Injury Attorney Blog, March 16, 2011