The estate representing a family of three killed in a head-on collision on the Veterans Memorial Bridge this past Christmas has sued the driver involved in the crash, a Somerset resident accused of serving him alcohol, and the company that rented him a car.
Carl Rebello of Dighton and Lisa Arruda-Graham of Johnston, Rhode Island, filed a wrongful death civil lawsuit in Bristol County Superior Court in March. They represent the estates of Floriano Arruda, Donna Arruda and Jacoby Arruda of Seekonk .
They're seeking damages associated with the wrongful deaths of all three, an amount not named in the suit.
The Arrudas were killed on Christmas night when the vehicle they were driving in struck head-on a Range Rover SUV going the wrong way on the Veterans Memorial Bridge between Somerset and Fall River.
Jacoby Arruda died that night at Charlton Memorial Hospital in Fall River. His grandfather died the next day at Rhode Island Hospital; his grandmother died from her injuries a few days later on Dec. 29.
The driver of the Range Rover, Adam Gauthier, 41, formerly of Somerset and now a Manhattan resident, suffered non-life-threatening injuries. He was arraigned from his hospital bed at New Bedford’s St. Luke’s Hospital on drunken driving charges of manslaughter while operating under the influence, among other charges, the day after the crash.
Gauthier is free on $100,000 cash bail. His criminal case is pending .
Gauthier in court: Former Somerset man accused in alleged OUI crash that killed 3 back in court
How are the plaintiffs in the civil suit related to the victims?
Rebello is the son of Donna Arruda; Arruda-Graham is the daughter of Floriano Arruda. They are uncle and aunt of Jacoby Arruda, who was Floriano and Donna’s grandson.
What does the civil suit say happened on Christmas night?
The complaint alleges that on the night of the crash, Gauthier “was served his last pre-alcoholic beverage at the home of defendant Margaret R. Souza” of Slade Street in Somerset.
After leaving Souza’s home, the complaint says, Gauthier drove a 2023 Range Rover SUV eastbound in the westbound side of the Veterans Memorial Bridge — from the Somerset side to the Fall River side.
Floriano Arruda was driving the family’s SUV over the bridge from the Fall River to Somerset sides, with Donna in the passenger seat and Jacoby in the back.
The complaint alleges the crash was caused by Gauthier’s “carelessness, recklessness, negligence, gross negligence, willfulness, wantonness, and unlawfulness,” resulting in the death of all three family members.
Who else is named in the lawsuit?
The lawsuit accuses Souza of violating social host liability ordinances.
It alleges she served Gauthier alcohol at her home “when she knew, or should have known, that defendant Gauthier was intoxicated and would thereafter being operating a motor vehicle on a public way.”
Souza has denied the allegations.
The lawsuit also names GoRealCar Inc. of New York as a defendant. RealCar is a service that provides high-end luxury vehicles for rent, including Land Rovers, Porsches and Maseratis. Gauthier used the service to rent the 2023 Range Rover he was driving.
The suit cites a Massachusetts law stating that the owner and registrant of a vehicle can be held legally liable when attempting to recover damages after an injury or death from a collision.
What do the defendants have to say?
Of the three defendants, only Souza has so far filed an answer to the complaint.
Attorneys for Souza state she “admits that Gauthier consumed alcoholic beverage(s) at her home on December 25, 2023, at a family holiday gathering.”
However, she denies the claim that she knew Gauthier was allegedly drunk and going to drive.
Souza also says she cannot know if her house was where Gauthier allegedly drank his “last pre-alcoholic beverage.”
The complaint requests a jury trial. The case is pending.
This article originally appeared on The Herald News: Estate of family killed in Christmas car crash sues driver, Somerset woman for damages
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