The family of a 20-year-old Plymouth man who was killed in a single car crash in October has filed a $1 million lawsuit against two local restaurants, alleging their bartenders served him alcohol for hours before the accident without requesting an ID.
Benjamin Ruley, of Plymouth, died less than 30 minutes after leaving Proof 22 on Main Street, where he had been socializing for nearly four hours, according to investigators.
Ruley, a highway construction worker and graduate of Plymouth South High School, was killed at around 12:23 a.m. on Oct. 20 after crashing his white Mercedes into the woods off the northbound side of Route 3 in Kingston.
According to the suit filed in Plymouth Superior Court on May 15, Ruley had been drinking at Tavern on the Wharf on the evening of Oct. 19, 2024, before heading to Proof 22, where he drank some more.
Between 8:11 p.m. and about 11:50 p.m. he racked up a $222.56 bar tab at Proof 22 that included vodkas, tequilas, bottles of beer and Green Tea Shots — mixed drinks made with Irish whiskey and peach schnapps.
He was there with two young women, but it’s unclear how many drinks were consumed by Ruley.
In December, investigators from the state’s Alcoholic Beverages Control Commission and Massachusetts State Police questioned the Proof 22 bartenders, who acknowledged not asking for identification, the suit alleges.
Proof 22 and Tavern of Wharf are owned by Peter Lucido and Paul Tupa. They could not be reached for comment. It was unclear who will defend them in the lawsuit.
Ruley’s family and their lawyer, Jordan Belliveau, declined to speak about the lawsuit, or their loss.
In an obituary posted after Ruley’s death, his family said their lives “were permanently changed after this tragic accident.
“His charming personality and striking blue eyes lit up every room he entered,” the family wrote. “His presence could be felt a mile away. Under his hard exterior laid a mushy, soft and pure soul. Just wanting to see the best for everyone around him.”
“We know during this difficult time Ben would want us to be proud of the boy he was, and the man he was becoming,” the obituary continued.
“He’d want us to celebrate his life rather than mourning the unimaginable pain of losing him so soon. Someone as special as Ben will never be forgotten and most certainly will be missed beyond words,” his family wrote.
Ruley played football for the Plymouth South Jaguars in middle school. He worked in highway construction for the Bartlett Consolidated Company.
His family is seeking damages for wrongful death; gross negligence; negligent supervision, training, and hiring of employees; and pain and suffering.
Proof 22 has already come under the scrutiny of state alcohol regulators for this incident and for another one in December, but no findings have been issued yet.
Tavern on the Wharf has no record of violations, an ABCC spokesperson said.
Proof 22’s owners have been ordered to appear at two hearings next month before the ABCC.
In addition to hearing allegations that the bartenders didn’t check Ruley’s identification, the ABCC will conduct a hearing on a second alleged violation by Proof 22 late last year.
On Dec. 19, ABCC investigators visiting the restaurant saw a customer who appeared to be intoxicated — staggering and disoriented — being served a rum and Coke.
The bartender told the investigators she served him because she knew he was getting a sober ride home. She also said she underpoured this drink “due to him showing signs of intoxication.”
The Plymouth Select Board acts as licensing entity for the town, but enforcement of alcohol laws is left mostly to the ABCC, whose investigators make surprise visits to licensed bars and restaurants but must cover the entire state.
There are local rules for licensed establishments that require training for servers, and two-drink-at-a-time limit.
Town officials meet with license holders periodically to make sure they are “clear on the laws and their responsibilities,” business owners have told the PI.
Beyond that, however, the town relies on the ABCC to make sure bars and restaurants comply with rules regulating alcohol license holders, officials said.
If Plymouth police, responding to a call, see or suspect violations, they can report them to ABCC or to the fire department, if they involve safety issues such as overcrowding.
In February, the Select Board held a rare hearing to determine if Proof 22 should be disciplined — not for serving Ruley, but for another, relatively minor incident that had occurred on Jan 24. It was the only such hearing the board has conducted in at least three years.
The hearing involved determining whether Proof 22 should be punished for letting an intoxicated man enter the bar.
After an hourlong session, the board voted to do nothing, concluding the alleged infraction didn’t warrant action since the customer was escorted out of the bar shortly after he arrived.
At that time, chair Dick Quintal and vice chair Kevin Canty proposed disciplining Proof 22, based on the Jan. 24 incident. But they were outvoted, 3-to-2, with board member Charlie Bletzer strongly opposing any punishment.
Select Board members said then that they didn’t know about the October accident that claimed Ruley’s life. Quintal and vice chair Kevin Canty said later that had they known that Ruley had been served for several hours before his death, they would have recommended some type of discipline for Proof 22.
Neither Canty nor Quintal wanted to comment on the Ruley family’s lawsuit, citing the pending litigation.
Andrea Estes can be reached at andrea@plymouthindependent.org.