The parents of two Navajo girls who were killed by an alleged drunken driver are suing the Blue Corn Cafe & Brewery, charging the business was negligent for allowing the man to get drunk there.

James Ruiz, 35, of Albuquerque faces criminal charges in connection with the March collision on Cerrillos Road in which he drove a pickup into the rear of the car in which the girls were riding.

Their family's lawsuit in state District Court claims that "Blue Corn ... breached its statutory duty and legal obligation by selling, serving, procuring or aiding in the procurement of ... alcohol beverages ... when it or its agents knew ... that the persons buying and/or receiving the alcohol beverages were intoxicated."

Police say Ruiz and two friends had been drinking at the Blue Corn, 4058 Cerrillos Road, on March 5 before they skipped out on their bill and fled, with Ruiz driving, in a Ford pickup at a high rate of speed.

Near the Santa Fe Auto Park, the truck slammed into the sedan carrying David Peshlakai and Darlene Thomas of Naschitti, a Navajo Nation community, and their two daughters, Lynn Peshlakai, 19, and Deshauna Peshlakai, 17.

The family was returning home from a high school basketball game. The daughters were killed. The parents were seriously injured. Ruiz, who was not seriously injured, reportedly tried to leave the scene and was stopped by an unidentified man.

Ruiz's blood-alcohol content tested at .22 — three times the legal limit. He was charged with two counts of vehicular homicide, three counts of causing great bodily harm by vehicle and driving with a suspended or revoked driver's license.

Ruiz has been arrested five previous times for drunken driving since 1995, had been in alcohol-treatment programs three times and recently appeared in Santa Fe Magistrate Court for a hearing on a May 2008 DWI charge. He also has been cited for numerous other traffic infractions.

In June, the state Department of Public Safety cited the Blue Corn Cafe, a manager and waitress there for overserving Ruiz. The Alcohol and Gaming Division of the New Mexico Regulation and Licensing Department could assess thousands of dollars in penalties.

According to a Blue Corn Cafe spokesman, Ruiz and a man with him each drank three beers and three shots of Crown Royal whiskey, but when they tried to order another round of drinks, they were told they would have to order food as well. They ordered appetizers and more alcohol, but before the food and drinks came, the men and a female companion left without paying the $150 bill, the spokesman said.

The complaint for unspecified damages was filed in state District Court on Tuesday by lawyer Zackeree Kelin of Albuquerque on behalf of David Peshlakai, Thomas and Charles Reynolds, a personal representative of the estates of the Peshlakai sisters.

Named as defendants are the Blue Corn Cafe and the companies that own it, including The Peters Corp., owned by the Santa Fe businessman Gerald Peters, plus Ruiz and Gilbert Mendoza, who owned the pickup Ruiz was driving and who drank and rode with him on the night of the crash.

Contact Tom Sharpe at 986-3080 or tsharpe@sfnewmexican.com.