The lawsuit, provided to Tucson News Now, claims North Italia Restaurant broke the law when it comes to serving drinks.
The lawsuit was filed on behalf of the estate of Mihir Dixit, who was killed, and Isabella Patterson, a woman who was injured in the crash on Oracle Road in September 2017.
According to documents, Dixit, Patterson and a third person, Antony Hall, a defendant named in the case, went to North Italia Restaurant in La Encantada around 10:30 p.m. on September 16, 2017, in celebration of Dixit's birthday.
Cell phone videos provided by attorneys to Tucson News Now show North employees pouring drinks for Dixit, who was of age at the time, while other glasses appear to have alcohol in them on the table.
A receipt for the total of $650.39 from the evening showed charges for two bottles of champagne and two bottles of white wine.
Receipt from lawsuit (Source: Tucson News Now)
The lawsuit alleges the North Italia employees never recorded identification for Patterson or Hall, who were 18 and 19-years-old at the time. It also claims the restaurant violated state law by delivering more than one liter of wine, to one person at one time.
It also states employees continued to serve those "obviously intoxicated" individuals and should have called for a sober driver, knowing their state.
After 90 minutes at the restaurant, documents state the group left around 11:30 p.m. in Hall's father's car, with Hall behind the wheel.
Accident reports state Hall lost control of the car and crashed into a pole on Oracle Road at Auto Mall Drive minutes later.
Vehicle involved in crash, via North lawsuit. (Source: Tucson News Now)
Mihir was pronounced dead on the scene while Isabella suffered severe injuries to her foot.
According to the lawsuit, all three people were legally drunk at the time of the accident. A toxicology report for Dixit, provided by the attorney from Axis Forensic Toxicology, indicated Dixit's alcohol concentration was .589. The blood was taken from Dixit's heart on September 19, 2017.
Tucson News Now reached out to Fox Restaurant Concepts, LLC, the restaurant group that owns North Italia. We were told they do not comment on pending litigation.
The suit names Anthony Hall, the 18-year-old driver, as a defendant. Hall was arrested and charged in his criminal case with second-degree murder, aggravated assault and extreme D-U-I.
Antony Hall, a defendant named in the case (Source: Tucson News Now)