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Lawsuit filed by Kevin Trainor’s family against Saugus restaurant for role in trooper’s death

Lawsuit filed by Kevin Trainor’s family against Saugus restaurant for role in trooper’s death

Days after a Saugus restaurant was at the center of a hearing for its alleged role in the events that led to the death of Kevin Trainor, the fallen trooper’s family has filed a wrongful death lawsuit against the business.

The lawsuit claims that Trainor’s death was preventable and that the Tribu Mexican Kitchen and Bar on Route 1 and served 50-year-old Hernan Marrero drinks for more than four hours despite knowing he would leave the restaurant and drive on the highway.

“This action seeks to hold accountable the restaurant, its owners, and those responsible for the management, supervision, and lawful service of alcohol,” the lawsuit states. “Plaintiff alleges that Defendants ignored the duties imposed upon them by Massachusetts law, failed to implement and enforce responsible alcohol-service practices, and violated the very commitments they made to state and local licensing authorities in order to obtain and maintain the privilege of selling alcoholic beverages.”

The family is seeking $20 million in damages.

According to the Essex County District Attorney’s Office, Marrero had a blood alcohol level of more than twice the legal limit when he left the restaurant and drove the wrong way on Route 95 in Lynnfield, where he crashed into Trooper Trainor’s vehicle.

Investigators say Marrero was served nine alcoholic drinks before getting behind the wheel. Prosecutors allege the restaurant also served alcohol after legal hours and provided free alcoholic beverages, prompting the ABCC to issue multiple violations.

Photos and surveillance video obtained by Boston 25 show Marrero arriving at the restaurant around 9:15 p.m. and receiving his ninth drink shortly before 1 a.m.

Surveillance video also shows Marrero interacting with restaurant staff while drinking inside the bar.

Authorities say Marrero was not seen leaving the restaurant until about 1:51 a.m., nearly an hour after his last drink. Video shows him exiting through the kitchen alongside other employees.

The ABCC continues to review the case and could issue a warning, suspend the restaurant’s liquor license, or revoke it altogether.

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