Dec 30, 2015 1:42 PM

Woman sues driver, restaurant in Salem crash that killed her husband

BRENTWOOD - A Salem woman who lost her husband in a car crash is suing the man who caused the crash, and the restaurant that allegedly served him alcohol before he drove.

READ: Man charged with negligent homicide in Salem crash had allegedly been drinking, speeding

Melinda Nutter is accusing Michael Gomez and the Yang Ming restaurant of negligence resulting in the death of 33-year-old Phillip Carter, her husband.

Carter was killed when he pulled out of Salem Ford on Route 28 in Salem on June 16. Gomez had been driving between 50 and 60 mph in a 30 mph zone just before the crash. He was allegedly swerving between lanes before smashing Carter's vehicle into two pieces, according to the Union Leader.

READ: Driver involved in crash on Route 28 in Salem has died

Carter was thrown from his car, and taken to Boston Hospital, where he died.

A Rockingham County grand jury indicted Gomez, of Lowell, Massachusetts on manslaughter and reckless conduct charges.

Gomez’s conduct was “willful, wanton and reckless and sufficient to justify an award of enhanced compensatory damages," according to the suit.

The suit also claims that Ying Mang served Gomez alcohol, thus being guilty of negligence.

Ying Mang's lawyer, Patrick Donovan said the staff "didn’t believe [Gomez] was impaired when he left the restaurant."

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