Husband of Man Killed In Drunken Driving Incident Files Lawsuit

The husband of a man killed in Reseda last year by a 17-year-old alleged drunken driver filed a wrongful death/negligence lawsuit on Monday against the motorist and his parents.

The plaintiff, John Fagan, was married to 67-year-old Robert Tomasino, the longtime owner of Oil Can Harry’s, a gay nightclub in Studio City.

Fagan is seeking unspecified damages from the defendants, identified only as Kevin M., his former wife, Valarie M., and their son, Kyle M.

An attorney for the defendants could not be immediately reached.

According to the complaint, Kyle M. obtained a provisional driver’s license on Nov. 19, 2013. Three days later, his mother gave him permission to drive her 2006 Subaru Tribeca, which he used to pick up two friends who also were underage, according to the lawsuit.

After consuming alcohol and smoking marijuana, Kyle M. ran a red light at Sherman Way and Louise Avenue about 2 a.m. on Nov. 23, 2013, striking Tomasino’s car, the suit alleges. Tomasino was ejected and died later that morning at a hospital.

The lawsuit alleges the teen was negligent and that his parents failed to properly supervise him. The boy lived with his mother, but she and her ex- husband had joint custody, the suit says.

Lawyer George Fleming, who represents Fagan, said the last name of the defendants was not revealed in the lawsuit because the son was a minor at the time of the crash.

—City News Service

Image: Patch file photo