Family suing bar after mother and daughter killed in drunk driving crash

HOUSTON, Texas (KTRK) -- The Conroe family of a mother and young daughter killed by an alleged drunk driving is suing the bar that served him.

Cornia Benitez, 35, and her 3-year-old daughter Dayana Padron were killed on Jan. 14, 2017.

"I didn't even get to tell her goodbye,' said Corina's oldest daughter, Alondra. "That's what hurts me the most."

Victor Garcia is currently serving an 18 year prison sentence for intoxication manslaughter.

Police say he was drunk when he drove the wrong way down the Southwest Freeway and hit five vehicles, killing Benitez and Patron.

When officials asked Garcia about the accident he said he did not remember what happened.

"I don't have any memory of getting in a car," Garcia explained. "I don't have any memory of leaving anywhere."

Now, the Benitez family is suing Merino's Sports Bar and Grill, claiming Garcia was overserved.

Manager Pedro Padron says he saw Garcia the night before the crash.

"He approached me and a couple of guys," Padron said. "I said, 'hey, what are you doing here? It's kind of late for you to be around.' He said, 'yeah, I'm going to the Southwest, I just stopped here for a drink.'"

Padron claims Garcia wasn't drunk when he left around 10:40 p.m.

The crash happened four hours later.

Attorneys say it's still too early to say how much money the family will ask for in damages.