New Mexico Drunken Driver Sues Buddy, Restaurants

A repeat drunken driver convicted in a crash that killed two teenagers has sued his drinking buddy and two Santa Fe restaurants that served him alcohol.

James Ruiz, 37, filed a lawsuit in New Mexico District Court and is seeking monetary damages from the friend he was out drinking with as well as Applebee’s and the Blue Corn Cafe.

The lawsuit, filed by Ruiz without a lawyer, claims the restaurants and his friend caused Ruiz emotional distress due to the loss of liberty and enjoyment of life after he was served drinks in 2010. Ruiz said in his suit he was convicted and incarcerated due to the chain of events the defendants set in motion. Police said Ruiz rammed his truck into a car and killed Del Lynn Peshlakai, 19, and her sister Deshauna, 17. He’s serving a 40-year prison sentence after a 2011 guilty plea.

Santa Fe Dining, a restaurant group that includes Blue Corn Cafe, and Applebee’s declined to comment.

Ruiz was out on bond on his fifth DWI arrest when the fatal crash took place, authorities said.

Police said he had a blood-alcohol concentration at the time of 0.22 percent, nearly three times the legal limit for driving.