The lawsuit, filed Friday in New Bedford Superior Court, stems from the Nov. 13, 2018, fatal accident at Kempton Street and Brownell Avenue, New Bedford, near the Dartmouth line, that took the life of David dosSantos, a 39-year-old Dartmouth man. and father of two young girls

NEW BEDFORD — The family of a Dartmouth man killed in a drunken driving crash last year has filed a $4.5 million wrongful death suit against the King's Inn for serving alcohol to the New Bedford man charged with causing the fatal crash, according to the family's attorney.

Wrongful death claims in the lawsuit, filed Friday in Superior Court, have been brought against Dartmouth Clubs Inc., doing business as King's Inn, and a bar supervisor only identified as John Doe, court records say. Michael Franco, a New Bedford lawyer who is representing the family, said they do not know the bar supervisor's identity and will amend the complaint when they do.

The fatal crash happened about 1:25 a.m. Nov. 13, 2018, at Kempton Street and Brownell Avenue, New Bedford, just past the Dartmouth line, and took the life of David M. dosSantos, a father of two young girls, now ages 5 and 8. dosSantos worked full-time at a Fall River jeweler and part-time at Slainte Irish Pub, New Bedford.

dosSantos was traveling south through the intersection of Route 140 and Kempton Street when his car was struck broadside on the driver's side by a 2011 Chevrolet Cruze, operated by Justin M. Castro, 28, of New Bedford after he ran the red light. Castro's blood alcohol level was .223, two and nearly three times over the state's legal limit and his car was traveling 63 mph in a 35 mph zone.

Castro has been charged criminally in the fatal accident and his case is pending in the courts, according to the Bristol County DA's office.

The lawsuit claims the King's Inn "served alcohol to a highly intoxicated customer, who then got behind the wheel of a car and caused the death of David dosSantos," court records say.

"David's death was a tragedy that should never have happened," Franco said. "The lawsuit has been brought to bring justice to David's family and to make the King's Inn aware of its important responsibility to protect innocent people on the road from its customers who drink and drive."

Luana DiSarra Scavone, who is representing the King's Inn, did not return calls for comment Friday. Craig Cabral, the owner of the King's Inn, could not be reached for comment Friday at the State Road strip club.

The lawsuit says Castro arrived at the club at 11:23 p.m. on Nov. 12, 2018, was served "a number of alcoholic drinks by the staff at the King's Inn" and left shortly before 1:23 a.m. Nov. 13, 2018. "Staff at the King's Inn allowed Castro to get behind the wheel of a car, knowing that he was intoxicated, and knowing that he was a danger to innocent people on the roads," the lawsuit says.

Castro drove about three miles, went through the red light at Kempton Street and Brownell Avenue and collided with dosSantos' car "without ever braking."

"As a result of conduct by the King's Inn and John Doe that was negligent, grossly negligent, and/or reckless, David dosSantos lost his life," the lawsuit says.

According to court documents in Castro's criminal case, he drank alcohol at Ryan's Sports Pub and Billiards, 500 Hathaway Road, New Bedford and King's Inn during the evening of Nov. 12, 2018, and into the morning of Nov. 13, 2018. The alcohol consumption was observed by several witnesses and is on video surveillance at both locations.

"Video surveillance showed that Castro consumed at least six beers in the two hours and forty five minutes prior to the crash," according to state police investigator Christopher J. Dumont's report.

Castro communicated with his fiancee over Facetime at 11:23 p.m. Nov. 12, 2018, as he was leaving Ryan's Sports Bar and Billiards, according to court records in Castro's case. Castro then shut off the iPhone sharing application, which prevented the fiancee from seeing his location.

Franco said they do not know how much alcohol Castro drank at the King's Inn. "Given his blood alcohol level was .22, the amount of alcohol must have been substantial," he said.

dosSantos was one of the Good Samaritans who helped save a shooting victim the month before the tragic accident. When the victim showed up at Gilbert's Jewelers about 10 a.m. Oct. 29, 2018, bleeding profusely from a gunshot wound to the leg, dosSantos was one of the people who helped the 23-year-old victim until police arrived.  

Castro was indicted March 14, 2019, by a Bristol County Grand Jury on charges related to the fatal crash. He is charged with manslaughter while operating under the influence of alcohol and negligent motor vehicle homicide while operating under the influence of alcohol, according to the Bristol County DA's office. His next court date is Nov. 1 for motions in the case.

Follow Curt Brown on Twitter @CurtBrown_SCT