Alleged Intentional Killing: Queens Teen Pinned and Killed by SUV — Could Dram Shop Liability Hold a Bar or Restaurant Responsible?

Exploring wrongful death, personal injury, and bar liability after an alcohol-fueled, intentional vehicle attack

A horrifying incident in Queens left 16-year-old Jhoanny Alvarez dead after, prosecutors say, a man intentionally drove his Chevrolet Suburban into a group of people outside the Prima Donna Restaurant in the early hours of September 15, 2025. The Queens District Attorney has since charged 38-year-old Edwin Cruz Gomez with murder, attempted murder, and related counts. Police report that Cruz Gomez’s blood alcohol concentration measured 0.137% after the crash.

When a violent act with a motor vehicle results in death, victims’ families face two separate paths to justice: criminal prosecution and civil recovery. In addition to a wrongful death lawsuit against the driver, the family may have grounds to pursue Dram Shop liability against any establishment that negligently sold or served alcohol to the driver before the attack. In catastrophic cases involving alleged intentional conduct and intoxication, a thorough civil investigation can mean the difference between partial and full accountability.

Wrongful Death and Personal Injury: Civil Remedies after an Alleged Intentional Act

The Alvarez family can pursue a wrongful death action seeking recovery for funeral expenses, loss of filial companionship, and other economic and non-economic damages. The mother and stepfather, who survived with serious injuries, may file personal injury claims for medical bills, lost earnings, pain and suffering, and long-term rehabilitation needs.

A civil claim does not depend on the outcome of the criminal case; however, evidence developed in the DA’s prosecution — including toxicology reports, police statements, and surveillance video — is frequently essential to building a strong civil case.

Dram Shop Liability: Why It Matters in an Alleged Intentional Killing Involving Alcohol

New York law permits victims to hold alcohol-serving establishments responsible when they serve alcohol to a patron who is visibly intoxicated or to someone underage. In this case, the driver’s elevated BAC raises a central civil question: Did Prima Donna or another establishment overserve Cruz Gomez before he returned to his vehicle and allegedly attacked these pedestrians?

Key reasons to pursue a Dram Shop claim here

• Expanded sources of recovery. The driver’s assets or insurance may not cover full damages. Businesses typically carry liability policies that can provide additional compensation for catastrophic losses.

• Accountability for negligent service. If staff continued to serve a visibly intoxicated patron, the establishment may share responsibility for the predictable harm that followed.

• Public safety and prevention. Successful Dram Shop actions create financial incentives for better server training, ID checks, and refusal policies that can protect future patrons and pedestrians.

How attorneys investigate Dram Shop claims

A Queens car accident lawyer will aggressively pursue evidence tying alcohol service to the driver’s intoxication, including:

• Time-stamped receipts and credit card records showing drink purchases and timing.

• Surveillance video from the restaurant or nearby businesses that shows the driver’s behavior and signs of intoxication.

• Employee and patron witness statements about how much and how long the driver drank and whether staff observed visible intoxication.

• Expert analysis linking the timing and quantity of drinks to the BAC measured after the crash.

When intentional acts and intoxication combine, proving that a business contributed to the danger can be complex but critically important — both for compensation and for deterrence.

Driver Accountability vs. Bar Accountability — A Practical Contrast

Driver accountability (criminal & civil claims against the individual)

• Prosecutors seek imprisonment and criminal sanctions for intentional acts.

• Civil courts can also impose compensatory and punitive damages against the driver for wrongful death and intentional torts.

Bar/restaurant accountability (Dram Shop civil claims)

• Targets negligent commercial conduct: overserving, serving underage patrons, poor supervision.

• Offers an additional route to compensation where the driver’s coverage or assets fall short.

• Encourages industry compliance and public safety practices.

Both tracks can proceed in parallel; successful criminal evidence often strengthens civil claims, including Dram Shop cases.

What Families Should Do Now

1. Preserve evidence. Save any photos, videos, receipts, or messages related to the incident or the establishment in question.

2. Get legal advice promptly. Statutes of limitations apply in civil cases; acting quickly preserves claims and evidence.

3. Allow attorneys to coordinate with prosecutors. Civil counsel can often obtain critical evidence gathered by law enforcement that helps both civil and criminal cases.

Representation That Pursues Every Avenue of Accountability

When a vehicle is used as a weapon, families deserve lawyers who will pursue every available legal avenue — from the driver to any establishment that negligently contributed to the intoxication. In cases involving alleged intentional killing combined with overserving, pursuing Dram Shop liability can be essential to achieving full justice and meaningful compensation.

If your family has been affected by this tragedy or a similar crash, the experienced Queens personal injury lawyers at Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf can investigate criminal and civil avenues, including Dram Shop claims. For a free consultation, call 212-943-1090.