NEW YORK (CBSNewYork) – Loved ones of the Staten Island grandmother who was killed last month are charging that the suspected driver, Brian Mcgurk of Staten Island, had been drinking all day, first at the Mets’ home opener at Citi Field and then at his local bar.

58-year-old Clara Almazo was walking home from Holy Thursday Mass at Mount Carmel Church on Staten Island at the time. She bravely pushed her eight-year-old grandson to safety, but in the process the impact threw her 150 feet.

And now a new lawsuit is blaming the Mets and the bar for over-serving Mcgurk.

Almazo family attorney Eric Richman said that employees at Citi Field have a responsibility to recognize when someone has had enough to drink.

“We think that when somebody is visibly intoxicated and you keep serving them alcohol, then you’re responsible for their actions and what they do thereafter,” Richman told 1010 WINS.

Mcgurk later turned himself in but refused to take a breathalyzer test, and was charged only with leaving the scene.

The Almazo family is also suing the owner of the tavern, Mcgurk and ARAMARK Sports and Entertainment, which handles food and alcohol sales at Citi Field.

The bar owner has denied that Mcgurk was at his establishment on the night of the crash.

Do you agree with how the Almazo family is proceeding with this case? Sound off with your thoughts and comments below…