New York Personal Injury Attorneys BlogFamily of Nassau County Police Officer Patricia Espinosa Files Wrongful Death Lawsuit Against Businesses That Served Underage Drunk Driver
The family of Nassau County Police Officer Patricia Espinosa has filed a wrongful death lawsuit in Nassau County Supreme Court against multiple Long Island businesses, a social host, and the underage drunk driver responsible for the fatal Long Island car accident that claimed her life.
The lawsuit alleges that several bars, restaurants, and a liquor store illegally sold or served alcohol to Matthew Smith, who was only 20 years old, before the January 31, 2026 crash. In addition to pursuing claims against Smith, the lawsuit seeks to hold every party accountable whose alleged unlawful conduct contributed to this preventable tragedy.
The case serves as a reminder that under New York law, liability for a serious drunk driving accident may extend beyond the impaired driver. Businesses and individuals who illegally provide alcohol to underage persons may also be held legally responsible when their actions contribute to catastrophic injuries or wrongful death.
On the morning of January 31, 2026, Nassau County Police Officer Patricia Espinosa was driving to work when her vehicle was struck by Matthew Smith, who prosecutors say was driving while intoxicated.
Officer Espinosa, 42, was a nine-year veteran assigned to the Nassau County Police Department’s Fifth Precinct. She is survived by her husband, Nassau County Police Officer Francisco Malaga, their young daughter, her parents, and her siblings.
In June 2026, Smith pleaded guilty to aggravated vehicular homicide, manslaughter, and related criminal charges. During his sworn plea, he admitted purchasing alcohol from multiple Suffolk County establishments without ever being asked to provide proof of age. He is scheduled to be sentenced on July 20, 2026.
Wrongful Death Lawsuit Seeks Accountability From Every Responsible Party
The wrongful death lawsuit was filed by Francisco Malaga, Officer Espinosa’s husband and the Administrator of her Estate.
The complaint names every business alleged to have unlawfully sold or served alcohol to Smith, along with the social host who allegedly permitted him to consume alcohol at her home before the crash.
According to the complaint, the defendants include:
- Aqua Vitae Wines and Liquors in Hauppauge
- Buffalo Wild Wings in Miller Place
- FELT in Hauppauge
- James Joyce Pub in Patchogue
- Lindo Mexico Restaurant in Patchogue
- Stephanie M. Alt, the social host who allegedly allowed Smith to drink at her residence
The lawsuit also names the individual owners of the James Joyce Pub and alleges they operated multiple establishments as a single enterprise while failing to maintain dram shop liability insurance, seeking to hold them personally liable.
New York’s Dram Shop Act Protects the Public
Many people assume that only the intoxicated driver can be held responsible after a fatal car accident. However, New York law recognizes that businesses that illegally sell or serve alcohol may also bear responsibility when their actions contribute to devastating crashes.
Under New York’s Dram Shop Act, bars, restaurants, taverns, liquor stores, and other licensed establishments may be held liable for injuries or deaths caused by unlawful alcohol sales or service.
Businesses are prohibited from selling alcohol to individuals under the age of 21. When they fail to follow the law, innocent motorists, passengers, pedestrians, and families may suffer life-changing consequences.
Social Hosts May Also Be Liable
Commercial establishments are not the only parties who may face civil liability.
New York law also permits claims against adults who knowingly provide alcohol to someone under the age of 21 under certain circumstances. The complaint alleges that Smith consumed alcohol at a private residence before the crash, making the social host another defendant in the lawsuit.
Every potential source of liability is important in a catastrophic Long Island car accident case, particularly when multiple parties may have contributed to the events leading to the collision.
“The Criminal Case Answered What Happened”
Howard S. Hershenhorn, attorney for Officer Espinosa’s family, explained why the civil lawsuit is intended to hold every responsible party accountable.”The criminal case answered the question of what Matthew Smith did. This lawsuit answers the question of who put him in a position to do it.” He continued: “A 20-year-old was handed alcohol, over and over, at a liquor store, at a chain restaurant, at bars, and at a private home, and not one adult in that chain did what the law plainly required. Officer Espinosa’s daughter will grow up without her mother because these businesses treated New York’s drinking laws as optional. They are not optional, and this case will prove it.”
