The sister of a young woman who was killed in a vehicular accident in 2023 is suing two Philadelphia LGBTQ+ bars, Voyeur and Woody’s, for allegedly serving too much alcohol to the driver of the vehicle.
Alyssa DiMatteo, the sister of Gabriella DiMatteo and administratrix of her estate, filed suit last month against the two LGBTQ+ venues, seeking in excess of $50,000 in damages. Her wrongful-death lawsuit was filed in Philadelphia Common Pleas Court.
Jose M. Luismarcelo, 25, allegedly drank too much alcohol at the LGBTQ+ venues during the morning of Jan. 1, 2023, then drove his Honda sedan at a high rate of speed to southwest Philadelphia — where he rammed his vehicle into a parked tractor trailer on 61st Street and Passyunk Avenue.
The accident occurred at 4:26 a.m. on Jan. 1, 2023. Luismarcelo’s vehicle spun out of control immediately prior to ramming into the tractor trailer, as shown on surveillance video. The tractor trailer was parked legally on the street, according to court records.
Gabriella DiMatteo was in the front seat of Luismarcelo’s vehicle and suffered a severe head injury. DiMatteo, 22, was pronounced dead by medics prior to being extracted from the vehicle. She’s survived by two children, identified as J.L. and I.L. in court documents.
Another passenger, Joseph Esposito, was in the back seat of the Honda. He was treated for various injuries at Penn Presbyterian Medical Center.
Esposito is suing Woody’s and Voyeur for more than $50,000 in damages in two separate lawsuits. His lawsuits were filed last month in Philadelphia Common Pleas Court — separately from DiMatteo’s lawsuit.
A jury trial has been requested by Esposito and also by Alyssa DiMatteo.
Esposito’s injuries include post concussion syndrome, closed-head injury, post traumatic headaches, cervical disc protrusion, contusions, lacerations, abrasions and severe damage to his nervous system, according to his lawsuit.
The lawsuits accuse Woody’s and Voyeur of negligence, carelessness and recklessness. The lawsuits claim that Luismarcelo was visibly intoxicated and incapable of driving a vehicle safely.
Testing of Luismarcelo’s blood revealed alcohol, marijuana and amphetamine in his system to an extent that rendered him unfit to operate a motor vehicle.
Luismarcelo’s blood-alcohol level was multiple times over the legal limit and his vehicle was “totally destroyed,” according to court records.
In March 2024, Luismarcelo pleaded guilty to homicide by vehicle and related charges. He’s currently serving time at a state prison in Greene County, Pa.
“We look forward to seeking justice for the family of Gabriella DiMatteo and to ensure that tragedies like this don’t happen to other families in our city,” said Michael A. Budner, an attorney for the estate of Gabriella DiMatteo.
Budner said he’s seeking wrongful-death damages, including lost wages and other losses compensable under the wrongful-death statute in Pennsylvania. He said the amount of damages being sought is well over $50,000.
Attorneys for Esposito couldn’t be reached for comment. Attorneys for Woody’s Bar and Voyeur Nightclub weren’t listed in court documents.