Survivor of accident that left woman brain-dead suing bar that allegedly over-served driver

HOUSTON, Texas (KTRK) -- The survivor of a violent DWI crash that killed his girlfriend is suing the restaurant that allegedly over-served the suspected drunk driver.

After spending three weeks in the hospital for multiple serious injuries, Luis Ramirez is now recovering at home. He is physically getting better, but not so much emotionally.

"The survivor's guilt is consuming me. All we were trying to do is make sure someone was okay," Ramirez said in his first interview.

He and his girlfriend, Mayra Ospina, stopped to check on a disabled vehicle just after midnight January 27. It's what he does, having rescued hundreds of people during Hurricane Harvey as part of an off-road recovery group.

No one was in the car in the ditch along Barker Cypress near Coventry Park Drive that night, but as the couple and two others stood there, a truck came right at them.

"I look over and see bright lights coming really, really fast," Ramirez recalled. "I was able to say, 'Watch out!' and I woke up in the hospital Monday morning."

RELATED: Family of woman left brain dead after crash: We just want 1 more day.

Ospina died from her injuries. Ramirez and another good Samaritan were hospitalized. Zachary Castro was charged with intoxication manslaughter and intoxicated assault. He is out of jail on bond. Court records say Castro told investigators he drank 6 beers and 4 shots before getting behind the wheel.

According to a new lawsuit, Castro was drinking at World of Beer in Cypress, where he also worked. The lawsuit claims the restaurant is liable for its employees' negligent acts.

"They should have cut him off and, as a bar and as a friend to the bar manager, they should have called up Uber and sent him home," said Ramirez's attorney, Joe Stephens. "This would have never happened."

A spokesman for World of Beer told ABC13, "We're deeply saddened by the tragic event. Our thoughts and prayers are with the victims and their families. We are cooperating with authorities and providing all requested information. We cannot comment further on pending litigation."

Castro is no longer an employee, the spokesman said.

Castro declined to comment.

Ramirez has a long recovery ahead. He could not attend Ospina's funeral because he was in the hospital. He misses her everyday and pleads for people to be more responsible.

"Think about what you over-serving a person could do," he said.

The lawsuit is seeking damages for medical expenses, lost wages, physical pain and suffering and mental anguish.

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