05/14/2012 04:08 pm ET Updated May 14, 2012

Hit-And-Run Victim Clara Almazo's Family Sues Brian McGurk, New York Mets, Aramark and Bar

The family of the Staten Island grandmother killed in an April hit-and-run accident has filed a civil lawsuit against the driver, the New York Mets, the food and drink vendor at Citi Field, and a local bar.

58-year-old Clara Almazo was walking home from Holy Thursday Mass at Mount Carmel Church with her grandson on April 5th when she was allegedly hit by Brian Mcgurk, 40, of Staten Island.

Almazo courageously pushed her grandson out of the way of the oncoming car, but in the process was hit herself, and thrown 150 feet, according to CBS.

McGurk fled the scene and then turned himself into police three hours later. He refused a breathalyzer test and was charged only with leaving the scene.

The lawsuit alleges, however, that McGurk had been drinking all day, and was heavily intoxicated at the time of the accident. The suit claims McGurk drank copiously at the Mets home opener at Citi Field, before downing some more at Nurnberger Bierhaus in West Brighton.

In addition to McGurk, the suit names as defendants Robert Kelly, the owner of Nurnberger, and Aramark Sports and Entertainment, which maintains food and drink operations at Citi Field.

According to the suit, employees at Citi Field, "unlawfully, recklessly and negligently served and continued to serve Brian McGurk intoxicating beverages after having caused his intoxication."

McGurk is currently out on $50,000 bail, The Staten Island Advance reports. He is charged with a felony count of leaving the scene of a fatal accident. If convicted he faces up to 7 years in prison.