Family blames MSG for DUI death that killed 2-year-old

A man is suing Madison Square Garden for allegedly overserving the drunken driver that killed his son and injured his wife beyond recovery.

Carlos Zelaya's 2-year-old son was killed instantly when former Jersey City Police Officer Kevin Freibott rear-ended them on the Pulaski Skyway. Freibott's BAC was more than three times the legal limit at the time of the crash. Earlier that night, he had gone to the Garden to attend a college basketball game.

The family's attorney says Freibott was served alcohol at the game despite being intoxicated. The family claims the former cop was served 14 16-ounce beers over a period of only four hours.

Zelaya's wife, Ruth, has been stuck in a hospital bed since the January 2007 crash. According to the family, the woman isn't aware her son is dead and the only sensation she can experience is pain.

Freibott is currently serving 11 years in prison for the drunken driving death. Zelaya says Freibott is not the only guilty party, though.

"The person who gave him the alcohol is responsible for that," he says.

The lawsuit also names a New York City bar called The Stitch as an additional defendant.

The family is not seeking a set amount in the lawsuit, but they estimate it will cost about $18 million to care for Ruth Zelaya throughout her lifetime.

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