EDWARDSVILLE – A negligence lawsuit has been filed against the Viva La Fiesta Mexican Restaurant in Edwardsville for allegedly serving alcohol to a minor to the point of intoxication, leading to a rollover crash.
Plaintiffs Autumn and Jason Restoff filed the lawsuit in the Madison County Circuit Court against RTZ, Corp. doing business as Viva La Fiesta Mexican Restaurant and Owen F. Ashe, citing negligence.
According to the lawsuit, on Aug. 11, 2022, defendant Owen Ashe and plaintiff Autumn Restoff went to the Viva La Fiesta Mexican Restaurant together as guests of the establishment. Ashe was 18 at the time and Autumn was 17, a minor. While on the premises, the restaurant allegedly sold alcohol to Ashe, which led to his intoxication. Ashe reportedly escorted Autumn to his vehicle and attempted to drive home from the restaurant while still intoxicated.
The lawsuit states that on the ride home, Ashe was driving faster than the legal speed limit when he crossed the lanes and drove on the wrong side of the road. Ashe allegedly lost control of his vehicle, causing it to overturn several times. Officers performed a post-crash field sobriety test and determined that he was intoxicated.
According to the lawsuit, Autumn suffered injuries to her foot, ankle and leg in the crash as a result of Ashe's negligence. She claims her injuries have caused her to experience pain, suffering, emotional distress, disability, and disfigurement. She alleges her injuries will impact their ability to earn income and enjoy normal life in the future. She adds that she has incurred medical costs and will continue to require medical services to recover from her injuries.
The plaintiff alleges the Viva La Fiesta Mexican Restaurant violated the Dram Shop Act by continuing to sell alcohol to Ashe to the point of intoxication. The suit states the restaurant was also negligent in failing to check for Ashe's identification before serving him alcohol, who was under the legal drinking age.
Jason Restoff is Autumn Restoff's father and is responsible for payment of her medical care while she is still a minor. He is seeking damages for those costs.
The plaintiffs are seeking damages in excess of $50,000, plus court costs and any other relief the court deems proper. They are represented in this case by attorney Andrew G. Mundwiller of the Cagle Law Firm in St. Louis.
Madison County Circuit Court case number 2023LA000960