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02D03-2301-CT-000059 Filed: 1/23/2023 2:07 PM
Clerk
Allen Superior Court 3 Allen County, Indiana
BB
STATE OF INDIANA ) IN THE ALLEN SUPERIOR COURT
) SS
COUNTY OF ALLEN ) CAUSE NO:
JULIO MONDRAGON and MARIA DEL CARMEN DE LA CRUZ )
GONZALEZ As Co-Personal Representatives of the ESTATE OF REBECA )
GARCIA SALAZAR )
)
)
Plaintiff, )
)
vs. )
)
RONGOS, INC. )
)
)
Defendant. )
COMPLAINT FOR WRONGFUL DEATH
COMES NOW Julio Mondragon and Maria Del Carmen de la Cruz Gonzalez, as Personal
Representatives of the Estate of Rebeca Garcia Salazar, deceased, by counsel, Samuel L.
Bolinger, and for their Complaint for Wrongful Death, states as follows:
BACKGROUND
1. Julio Mondragon and Maria del Carmen de la Cruz Gonzalez are the duly
appointed and qualified Personal Representatives of the Estate of Rebeca Garcia Salazar
(deceased), having been so appointed on February 11, 2021 under Cause No. 02D02-2102-EU-
000087 in the Allen County Superior Court.
2. The decedent, Rebeca Garcia Salazar, was a resident of Allen County, State of
Indiana at the time of her death on January 22, 2021.
3. Defendant, Rongos, Inc., is a domestic for-profit corporation whose principal
address is 3221 N. Clinton Street, Fort Wayne, IN 46805.
4. Said Defendant, at all times relevant herein, was primarily engaged in the
business of ownership and operation of a restaurant/bar and licensed to serve alcohol at its
premises and doing business as Latch String Bar and Grill.
FACTS
5. On or around January 22, 2021, Alexander Delaney, an intoxicated driver who,
upon information and belief, had been served a substantial amount of alcohol at Latch String Bar
and Grill located 3221 N. Clinton St., Fort Wayne, IN 46805, caused a motor vehicle collision at
the intersection of Lima Road and Washington Center Road in Allen County, Indiana. The
motor vehicle collision killed Rebeca Garcia Salazar.
STATEMENT OF CLAIM – NEGLIGENCE PER SE UNDER INDIANA DRAM
SHOP ACT
6. Plaintiff incorporates by reference paragraphs 1 through 5 of this Complaint as if
same were set forth herein.
7. On January 22, 2021, the staff at Latch String Bar and Grill served Alexander
Delaney large quantities of alcohol.
8. On said date, after consuming a large quantity of alcohol at Latch String Bar &
Grill, the staff at Latch String Bar and Grill who were serving Alexander Delaney had actual
knowledge that he was visibly intoxicated but continued to serve Alexander Delaney alcohol.
9. Prior to serving Alexander Delaney his last alcoholic drink before he left Latch
String Bar and Grill, the staff knew Alexander Delaney was too intoxicated to safely drive his
vehicle.
10. As a proximate result of Defendant’s conduct, Alexander Delaney became
intoxicated, drove drunk and caused the collision that caused Rebeca Garcia Salazar’s death.
11. The Latch String Bar and Grill owed a statutory duty of care to Rebeca Garcia
Salazar as prescribed by Indiana Code 7.1-5-10-15-5, the Indiana Dram Shop Act.
12. By recklessly, knowingly, or intentionally selling, providing or furnishing
alcoholic beverages to Alexander Delaney, Rongos, Inc., doing business as Latch String Bar and
Grill, breached that duty of care, and their negligence caused the death of Rebeca Garcia Salazar.
13. As a direct and proximate result of the carelessness and negligence of Defendant,
which resulted in Rebeca Garcia Salazar’s death, the Estate and its beneficiaries have sustained
financial losses and have lost the love, affection, companionship, support and services of the
decedent.
14. The Estate of Rebeca Garcia Salazar has also incurred medical, funeral, burial
expenses and attorneys’ fees as a result of the death of Rebeca Garcia Salazar.
WHEREFORE, the Co-Personal Representatives of the Estate of Rebeca Garcia Salazar
request judgment against Defendant, in an amount which will fully and fairly compensate the
Estate and its beneficiaries for damages arising from the wrongful death of Rebeca Garcia
Salazar, for costs of this action, for interest as allowed by law and for attorney fees as allowed by
law and for any and all just and proper relief in the premises.
Respectfully submitted,
/s/ Samuel L. Bolinger
Samuel L. Bolinger, #10786-98
803 S. Calhoun St., Suite 300
Fort Wayne, IN 46802
(260) 407-0040
ATTORNEY FOR PLAINTIFFS
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02D03-2301-CT-000059 Filed: 1/23/2023 2:07 PM Clerk Allen Superior Court 3 Allen County, Indiana BB STATE OF INDIANA ) IN THE ALLEN SUPERIOR COURT ) SS COUNTY OF ALLEN ) CAUSE NO: JULIO MONDRAGON and MARIA DEL CARMEN DE LA CRUZ ) GONZALEZ As Co-Personal Representatives of the ESTATE OF REBECA ) GARCIA SALAZAR ) ) ) Plaintiff, ) ) vs. ) ) RONGOS, INC. ) ) ) Defendant. ) COMPLAINT FOR WRONGFUL DEATH COMES NOW Julio Mondragon and Maria Del Carmen de la Cruz Gonzalez, as Personal Representatives of the Estate of Rebeca Garcia Salazar, deceased, by counsel, Samuel L. Bolinger, and for their Complaint for Wrongful Death, states as follows: BACKGROUND 1. Julio Mondragon and Maria del Carmen de la Cruz Gonzalez are the duly appointed and qualified Personal Representatives of the Estate of Rebeca Garcia Salazar (deceased), having been so appointed on February 11, 2021 under Cause No. 02D02-2102-EU- 000087 in the Allen County Superior Court. 2. The decedent, Rebeca Garcia Salazar, was a resident of Allen County, State of Indiana at the time of her death on January 22, 2021. 3. Defendant, Rongos, Inc., is a domestic for-profit corporation whose principal address is 3221 N. Clinton Street, Fort Wayne, IN 46805. 4. Said Defendant, at all times relevant herein, was primarily engaged in the business of ownership and operation of a restaurant/bar and licensed to serve alcohol at its premises and doing business as Latch String Bar and Grill. FACTS 5. On or around January 22, 2021, Alexander Delaney, an intoxicated driver who, upon information and belief, had been served a substantial amount of alcohol at Latch String Bar and Grill located 3221 N. Clinton St., Fort Wayne, IN 46805, caused a motor vehicle collision at the intersection of Lima Road and Washington Center Road in Allen County, Indiana. The motor vehicle collision killed Rebeca Garcia Salazar. STATEMENT OF CLAIM – NEGLIGENCE PER SE UNDER INDIANA DRAM SHOP ACT 6. Plaintiff incorporates by reference paragraphs 1 through 5 of this Complaint as if same were set forth herein. 7. On January 22, 2021, the staff at Latch String Bar and Grill served Alexander Delaney large quantities of alcohol. 8. On said date, after consuming a large quantity of alcohol at Latch String Bar & Grill, the staff at Latch String Bar and Grill who were serving Alexander Delaney had actual knowledge that he was visibly intoxicated but continued to serve Alexander Delaney alcohol. 9. Prior to serving Alexander Delaney his last alcoholic drink before he left Latch String Bar and Grill, the staff knew Alexander Delaney was too intoxicated to safely drive his vehicle. 10. As a proximate result of Defendant’s conduct, Alexander Delaney became intoxicated, drove drunk and caused the collision that caused Rebeca Garcia Salazar’s death. 11. The Latch String Bar and Grill owed a statutory duty of care to Rebeca Garcia Salazar as prescribed by Indiana Code 7.1-5-10-15-5, the Indiana Dram Shop Act. 12. By recklessly, knowingly, or intentionally selling, providing or furnishing alcoholic beverages to Alexander Delaney, Rongos, Inc., doing business as Latch String Bar and Grill, breached that duty of care, and their negligence caused the death of Rebeca Garcia Salazar. 13. As a direct and proximate result of the carelessness and negligence of Defendant, which resulted in Rebeca Garcia Salazar’s death, the Estate and its beneficiaries have sustained financial losses and have lost the love, affection, companionship, support and services of the decedent. 14. The Estate of Rebeca Garcia Salazar has also incurred medical, funeral, burial expenses and attorneys’ fees as a result of the death of Rebeca Garcia Salazar. WHEREFORE, the Co-Personal Representatives of the Estate of Rebeca Garcia Salazar request judgment against Defendant, in an amount which will fully and fairly compensate the Estate and its beneficiaries for damages arising from the wrongful death of Rebeca Garcia Salazar, for costs of this action, for interest as allowed by law and for attorney fees as allowed by law and for any and all just and proper relief in the premises. Respectfully submitted, /s/ Samuel L. Bolinger Samuel L. Bolinger, #10786-98 803 S. Calhoun St., Suite 300 Fort Wayne, IN 46802 (260) 407-0040 ATTORNEY FOR PLAINTIFFS